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(영문) 서울중앙지방법원 2016.10.14 2016가합509735
양수금
Text

1. The Plaintiff, Defendant A, and Defendant A, as to KRW 236,127,813 and KRW 199,745,896, respectively, shall be from July 2, 2016 to the date of full payment.

Reasons

Basic Facts

On August 26, 2010, Defendant A entered into a loan agreement with Korea Bank Co., Ltd. (hereinafter “Korea Bank”) with the following terms (hereinafter “instant loan agreement”); Defendant B provided limited collateral guarantee for Defendant A’s obligations under the said loan agreement to the extent of KRW 240,000,000.

On August 26, 2012, the Bank transferred the loan claim against Defendant A under the instant loan agreement to Korea on August 24, 2012, 2012, at the interest rate rate of 200,000,000,000 from the maturity date of the loan of the loan product to the third asset-backed securitization specialized company, and on November 12, 2013, the limited company specialized in the third asset-backed securitization of Korea transferred the above loan claim to the Plaintiff on November 12, 2013.

On December 13, 2013, the Plaintiff, who was delegated with the authority to notify the assignment of claims by the Korean bank and the limited company specialized in the Third Asset-backed Securitization in Korea, notified the Defendants of the assignment of claims, and around that time, the above notification reached the Defendants.

At present, Defendant A’s obligations for loans under the instant loan agreement are KRW 236,127,813 in total of KRW 199,745,896 in principal and interest KRW 36,381,917 in total.

[Based on the facts that there is no dispute, Gap evidence 1-2, Eul evidence 2-1, Eul evidence 2-2, Gap evidence 3-1, 2-4, Gap evidence 4-2, and the ground for appeal as a whole, the defendant A is obligated to pay damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 2, 2016 to the date of delivery of a copy of the complaint of this case as requested by the plaintiff after the date of repayment of the loan contract of this case to the plaintiff, and the defendant B is jointly and severally liable with the defendant A to pay the above money within the limit of 240,000,000 won.

The defendant B's joint and several guarantee system has been abolished after IMF.

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