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(영문) 서울중앙지방법원 2017.05.26 2016가합34484
양수금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 225,721,132 and KRW 171,647,508 among them.

Reasons

1. Basic facts

A. On April 13, 2012, the Nonghyup Bank Co., Ltd. (hereinafter “CF”) determined KRW 70,000,000 to Defendant A due date and lent it at KRW 70,000 to Defendant A at 17% per annum of April 13, 2013, interest rate of KRW 7.61% per annum, and delay damages rate of KRW 17% per annum.

B. On April 19, 2012, the Nonghyup Bank loaned KRW 662,00,000 to Defendant A at maturity of April 19, 2013 at the rate of 6.30% per annum, 6.30% per annum, and damages for delay at the highest rate of 17% per annum. Defendant B guaranteed Defendant A’s obligation to borrow money.

C. On August 13, 2013, the Nonghyup Bank transferred each of the above loans to Defendant A to Korea-F&A Co., Ltd., and on September 12, 2013, notified Defendant A of the assignment of claims and issued the above notification around that time.

On March 27, 2015, Korea L&A Co., Ltd. notified Defendant A of the assignment of claims on April 17, 2016, and notified Defendant A of the assignment of claims.

E. B as of August 1, 2016

The balance of the principal and interest of the loan stated in the Paragraph is KRW 225,721,132 (= Principal KRW 171,647,508 and interest KRW 54,073,624), and the above A.

The balance of the principal and interest of the loan stated in the paragraph is KRW 92,093,150 (= Principal KRW 70,000,000) and KRW 22,903,150).

[Reasons for Recognition] Unsatisfy (applicable only to the plaintiff and defendant B), each entry in Gap evidence 1 through 7, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the ratio of 15% per annum to KRW 225,721,132 as well as KRW 171,647,50 as well as to KRW 171,647,50 as well as to KRW 92,093,150 as well as KRW 70,000 as well as damages for delay calculated by the ratio of 15% per annum as to KRW 92,093,150 as well as from August 2, 2016 to the day of full payment.

As to this, Defendant B was sold at the auction procedure the land of Pyeongtaek-si and one parcel of land offered by Defendant A as security to Nonghyup Bank, and the Nonghyup Bank was 628,567.

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