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(영문) 서울중앙지방법원 2015.10.21 2015가합15615
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff succeeding intervenor B within the limit of KRW 224,710,890,000 and one of them shall be 23.

Reasons

1. Facts of recognition;

A. On January 25, 2008, SBA bank (hereinafter “SB bank”) entered into a credit transaction agreement with B with B as to a credit limit of KRW 230,000,000 per annum, interest rate of KRW 14% per annum, and damages for delay rate of KRW 24% per annum (hereinafter “the instant credit transaction agreement”). The Defendant guaranteed B’s debt under the said credit transaction agreement within the limit of KRW 299,00,000.

B. On December 29, 2014, the Nonparty bank transferred to the Plaintiff all of the above loan-related claims (hereinafter “instant claims”) held by the Nonparty bank against B and the Defendant, and notified the Defendant of the assignment of claims on February 2, 2015.

C. On July 22, 2015, after the filing of the instant lawsuit, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff. On the same day, B accepted the said assignment of claim without reservation.

On the other hand, as of February 5, 2015, the principal and interest of the instant credit as of February 5, 2015 is KRW 224,710,890 in total of KRW 123,00,000 and interest KRW 98,637,575.

[Reasons for Recognition] Each entry of evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is jointly and severally liable with B to pay the plaintiff succeeding intervenor who is the final transferee of the claim of this case the amount of KRW 224,710,890, and the principal amount of KRW 123,00,000,000, within the limit of KRW 299,000,000,000,000,000 from September 2, 2015 to September 30, 2015, with 20% per annum from September 2, 2015, and 15% per annum from the following day to the day of full payment.

B. Meanwhile, as seen earlier, the Plaintiff transferred the instant claim against the Defendant to the Intervenor succeeding to the Plaintiff during the instant lawsuit period. Therefore, the Plaintiff’s claim based on the premise that the obligee of the instant claim is the Plaintiff is the Plaintiff is without merit without examining it.

The plaintiff on September 15, 2015.

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