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(영문) 인천지방법원 2017.01.26 2016가합59439
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 442,00,000 and the interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. B entered into a credit transaction agreement on November 19, 2009 with BS Savings Bank (FL Savings Bank, Inc., Ltd., prior to January 10, 2012) and credit amount of KRW 34,000,000 per annum, interest rate base rate of KRW 4.5% per annum, maximum interest rate of delay delay rate of KRW 21% per annum, and interest per month on the relevant date of loan.

B. On the same day, the Defendant entered into a comprehensive collateral guarantee contract with BS Savings Bank, which is jointly and severally liable for the debt of loans to BS Savings Bank under the above credit transaction agreement, up to 442 million won.

C. On June 26, 2014, the Plaintiff received a loan claim against B under the above credit transaction agreement from the Bank of BS Savings Co., Ltd., and the BS Savings Bank notified B of the above credit transfer.

As of October 12, 2016, B’s loan obligations under the above credit transaction agreement as of October 12, 2016 are 580,090,600 won in total (i.e., principal amount of KRW 335,00,000 interest of KRW 245,090,600), and the interest rate for delay is 21%.

E. The Defendant, as a comprehensive collateral guarantor, is liable to pay the Plaintiff the borrowed loan obligation to the Plaintiff under the said credit transaction agreement.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. In accordance with the Credit Transaction Agreement, the Plaintiff is seeking full damages for delay calculated by the ratio of 21% from October 12, 2016 to KRW 580,090,600 as loans owed to the Plaintiff and the principal amount of KRW 335,00,000 among them.

However, within the limit of KRW 442,00,000, the Defendant does not have a duty to enter into a comprehensive collateral guarantee contract with respect to the above borrowed amount and to pay for the portion exceeding the above guarantee limit. Since the above guarantee limit includes interest and delay damages under the credit transaction agreement, the above guarantee limit includes interest and delay damages. Thus, the above guarantee limit of KRW 442,00,000 and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2016 to the date of full payment, which is the day following the delivery of the copy of the complaint in this case

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