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(영문) 서울중앙지방법원 2015.06.24 2014가단5337880
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay the full amount of KRW 87,590,471 and the above amount of KRW 29,006,90,06, out of the total amount.

Reasons

1. Basic facts

A. On March 19, 2002, Defendant A obtained a loan of KRW 10,00,000 from three-dimensional cooperatives (i.e., 10,000 from the expiration date of the loan until July 5, 2005) by setting the loan at 10% per annum (18% per annum for delay) and Defendant B jointly and severally guaranteed the above loan obligation against the three-dimensional funds by Defendant A.

B. Defendant A set KRW 31,500,000, which was June 13, 2001, as determined by June 12, 2006, as the expiration date of the lending period, and received each loan by setting KRW 13,500,000 on November 27, 2001 as the expiration date of the lending period until November 26, 2006.

(hereinafter referred to as "second, third and third loans").

On June 28, 2013, the Plaintiff acquired the claim for the above loans against the Defendants from the Samchip Cooperative, delegated the notification authority of the assignment of claims from the Samchip Cooperative, and notified the Defendants of the assignment of claims.

As of December 2, 2014, the principal and interest on the debt of a loan 1 as of December 2, 2014 is KRW 28,061,184 (principal KRW 10,00,000,061,184); the principal and interest on the debt of a loan 2 is KRW 41,675,477 (the principal KRW 13,304,834, delay damages of KRW 28,370,643); the principal and interest on the debt of a loan 3 is KRW 17,853,810 (the principal and interest on the debt of a loan 5,702,072, delay damages of KRW 12,151,738); the agreed delay damages rate is KRW 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including provisional number), the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A is obligated to pay to the Plaintiff the total amount of KRW 87,590,471 of the principal and interest of KRW 29,06,90 among the principal and interest of KRW 17% per annum from December 3, 2014 to the date of full payment. Defendant B is jointly and severally liable with Defendant A to pay to the Plaintiff the amount of KRW 17% per annum for KRW 28,061,184 of the principal and interest of the first loan and KRW 10,000 of the principal and interest of KRW 17% per annum from December 3, 2014 to the date of full payment.

3. The plaintiff's claim for conclusion is reasonable and acceptable.

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