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(영문) 서울중앙지방법원 2015.04.10 2014가합584107
양수금
Text

1. The Plaintiff:

A. As to KRW 462,561,956 and its KRW 300,00,000 among the Defendant A Co., Ltd., from October 23, 2014.

Reasons

1. On September 14, 2009, Defendant A Co., Ltd. (hereinafter “A”) borrowed KRW 300,000,000 from the Small and Medium Business Corporation with interest rate of KRW 4.12% per annum, delay damages, 12% per annum, and due date of payment September 4, 2012. Defendant B guaranteed Defendant A’s above loan obligations within the limit of KRW 360,00,000 on the same day.

On May 25, 2012, the Small and Medium Business Corporation transferred to the Plaintiff, and notified the Defendants thereof on July 19, 2012.

As of October 23, 2014, the loan balance is the principal of KRW 300,00,000, interest of KRW 162,561,956.

Therefore, Defendant A is obligated to pay the Plaintiff damages for delay of KRW 462,56 and KRW 300,000,000 among them, and Defendant B is jointly and severally liable with Defendant A to pay the said money to the Plaintiff within the limit of KRW 360,00,000.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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