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Reasons
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(영문) 서울동부지방법원 2016.01.12 2014가합8941
양수금청구(일부금)
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 200,000,000 and KRW 177,000,000 among them, from April 30, 2015.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1 and 12 and the purport of the whole pleadings.

National Bank Co., Ltd. extended money to Defendant A (hereinafter referred to as “Defendant Company”) on three occasions under the joint and several guarantee by Defendant B as listed below, and the remaining principal and interest of each of the loans of Defendant Company as of July 9, 2014 are listed below:

As of July 9, 2014, the Guarantee Limit (won) 21% per annum of May 25, 2007, which is the total amount of principal, interest and delay damages as of May 25, 2007, and as of May 25, 2007, Defendant B (84,50,000,457,26249,225,94697,683,683, May 25, 2008; 262,00,000,000 annual 20% per annum 340,60,600,262,000,000,000, 2000, 200, 200, 200, 203, 28, 283, 203, 208, 203, 208, 2008, 2005

On December 28, 2009, the National Bank of Korea transferred each of the above loans to the Defendant Company under the Asset-Backed Securitization Act, and publicly announced the transfer of the above loans to the Defendant Company on February 11, 2010. On February 17, 2011, the KNF Specialized Asset-backed Securitization Co., Ltd. notified the Plaintiff of the transfer of each of the above loans on April 11, 201, and then the notification reached the Defendant Company around that time.

2. Determination

A. According to the above facts, the defendants are jointly and severally obligated to return 20,000,000 won, including the remaining principal of the loans of 48,457,262 won as of May 25, 2007 and the remaining principal of the loans of 262,00,000,000 won as of October 12, 2007 and the remaining principal of the loans of 262,542,738 won as of October 12, 2007, and the remaining principal of the loans of 23,00,000,000 won.

B. Meanwhile, with respect to the above KRW 200,000,000, the Plaintiff’s duplicate of the complaint of this case is final against the Defendants.

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