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(영문) 부산지방법원 동부지원 2018.09.12 2018가단210074
양수금
Text

1. The Defendant is jointly and severally with the Plaintiff, as to KRW 138,815,249 and KRW 69,117,218 among them, on April 27, 2018.

Reasons

1. Facts of recognition;

A. On April 26, 201, the Small and Medium Business Corporation extended loans to B, a joint and several surety by the Defendant, with KRW 250,000,000,000 as funds for supporting small and medium enterprises, with a three-year grace period, and with a five-year grace period, repaid the principal and interest in equal installments once every month. When the principal and interest on the installment are overdue, the Corporation shall lose the benefit of the given period, and shall pay damages for delay at 12%

hereinafter referred to as "the loan of this case"

(B) Following the foregoing, Company B and the Defendant lost the benefit of time due to the delinquency of the principal and interest on the installment repayment. C. The Small and Medium Business Corporation transferred the instant loan claim to the Plaintiff on December 14, 2017, and notified the Plaintiff of the transfer of the said loan claim on January 31, 2018. D. As of April 26, 2018, the balance of the principal and interest on the instant loan obligation as of April 26, 2018 is KRW 138,815,249 in total (i.e., remaining principal and interest amount of KRW 69,117,218,218,031). 【The purport of the entire pleadings and the entire pleadings, based on the grounds for recognition, are as follows.

2. According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff 138,815,249 won above and the remaining principal 69,117,218 won from April 27, 2018 to May 17, 2018, the service date of a copy of the complaint of this case, which is the day following the above base date, to the plaintiff, 12% per annum, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim of this case is justified.

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