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(영문) 서울중앙지방법원 2016.06.29 2015가단179864
양수금
Text

1. The defendant shall pay to the plaintiff KRW 391,00,127 and KRW 62,00,00 among them, 25% per annum from September 1, 2005 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 19, 1993, Korea Comprehensive Finance Co., Ltd. (hereinafter referred to as "Korea Comprehensive Finance Co., Ltd") entered into a bill transaction agreement with B on lending and borrowing, bill discount, etc.

On December 23, 1995, the defendant jointly and severally guaranteed the obligations of loans to the comprehensive financing of Korea under the above Promissory Notes transaction agreement.

B. On October 20, 1997, B obtained a loan from one bank, and delivered to one bank a comprehensive financial guarantee for a promissory note with a face value of five billion won (5 billion won). Upon the refusal of payment of the said note, Korea’s comprehensive financial institution subrogated to one bank for five billion won (5 billion won).

C. The subsequent comprehensive financing was declared bankrupt, and the trustee in bankruptcy of the Korea comprehensive financing was requested to issue a payment order against the defendant, and the payment order of the Korea General Finance Co., Ltd. stating that "the defendant shall pay to the trustee in bankruptcy of the Korea General Finance the amount of KRW 7,466,203,273 and 1,183,895,827 at the rate of 25% per annum from September 1, 2005 to the date of repayment" was finalized on November 29, 2005.

(Seoul Central District Court 2005 tea5753). d.

On November 9, 2012, the trustee in bankruptcy of the Korea General Finance notified the Defendant of the assignment of claims on August 10, 2015, after transferring the above claims to the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the amount under the payment order to the plaintiff who is the transferee of the bonds.

Since the Plaintiff claimed 329,001,127 won in interest for delay and 62,00,000 won in principal, the Defendant is obligated to pay to the Plaintiff 391,001,127 won (329,127 won +62,00,000 won) and damages for delay calculated at the rate of 25% per annum from September 1, 2005 to the date of full payment.

B. The defendant is a joint and several surety obligation for Korea's comprehensive financing, and is a commercial obligation for five years.

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