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(영문) 서울동부지방법원 2015.01.22 2014가합108261
양수금
Text

1. The Defendant is jointly and severally with Nonparty B as to KRW 214,233,989 and KRW 103,052,867 among them, from June 3, 2014.

Reasons

Description of Claim

On November 14, 2007, Nonparty A Capital Co., Ltd. (the changed name before the transfer; hereinafter “I Capital”) made loans to the Defendant on November 14, 2007, KRW 128,700,00 for loans, the repayment period of KRW 64 months for loans, the payment date of KRW 24 months for each month, and the payment date for delay shall be 24% per annum, and the loan transaction agreement was made (hereinafter “the loan transaction agreement in this case”) with the Defendant under the loan transaction agreement in this case. The loan was paid to the Defendant pursuant to the loan transaction agreement in this case.

On the other hand, at the time of the loan transaction agreement in this case, Nonparty B guaranteed the Defendant’s obligation under the loan transaction agreement in this case.

After that, the Defendant and B lost the benefit of time due to the failure to faithfully perform the payment of the principal and interest under the loan transaction agreement of this case.

On the other hand, on May 1, 201, Aju Capital transferred the claim regarding the instant loan transaction agreement to the Plaintiff, and around that time, notified the Defendants of the assignment of the claim.

Under the loan transaction agreement of this case, the Defendant and B’s obligations are the principal KRW 103,052,867 as of June 2, 2014, interest KRW 111,181,122, and total KRW 214,23,989.

Therefore, as of June 2, 2014, the Defendant is jointly and severally liable with B to pay to the Plaintiff 214,233,989 won with the total amount of principal and interest under the loan transaction agreement of this case as of June 2, 2014 and 24% per annum from June 3, 2014 to the day of full payment of the principal amount of KRW 103,052,867.

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

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