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(영문) 서울중앙지방법원 2016.05.26 2014가단5324938
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 88,630,148 and KRW 26,682,496 among them:

B. Defendant B is Defendant A.

Reasons

1. Each statement of Gap evidence Nos. 1 through 6 (including a paper number) of the judgment on the cause of the claim [the defendant Eul alleged that Gap evidence No. 6-2 (the application for a loan for the purchase of a motor vehicle from the present one) was forged, but the above defendant is the seal of the above defendant, and in addition to the whole purport of the arguments, such as the fact that the seal affixed to the above document is the seal of the above defendant, and that the defendant Eul did not file a complaint against the defendant for forgery, etc., the authenticity of the whole document is presumed to have been established, and no other evidence exists to prove that the above document was forged] and the whole purport of the arguments, the following facts can be acknowledged, and no other counter evidence exists

① As of November 4, 2014, Defendant A received a loan from each financial institution as shown in the attached Table, with a loan (totaling KRW 26,682,496) and interest for delay (totaling KRW 61,947,652) as indicated in the attached Table as of November 4, 2014; ② Defendant B guaranteed the Defendant A’s obligation listed in the attached Table No. 7; ③ Each financial institution listed in the attached Table No. 3 transferred the Plaintiff’s obligation to the Plaintiff (including the Credit Counseling and Recovery Fund of the Trade Name before the change) on and around December 2013, 201, and notified the Plaintiff of the assignment of obligation; ④ The overdue interest rate applied to the Plaintiff is KRW 17% per annum.

According to the above facts of recognition, Defendant A is obligated to pay the Plaintiff damages for delay calculated at the rate of 17% per annum from November 5, 2014 to the date of full payment of the principal amount of KRW 88,630,148 ( KRW 26,682,496 KRW 61,947,652) and KRW 26,682,496 among the principal amount. Defendant B is jointly and severally with Defendant A to pay damages for delay calculated at the rate of 17% per annum from November 5, 2014 to the date of full payment.

2. Determination as to Defendant B’s assertion

A. Defendant B did not conclude a joint and several guarantee contract against the above recognition, but acknowledged it as seen earlier.

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