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(영문) 서울중앙지방법원 2014.12.19 2014가합568303
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 621,950,171 and KRW 489,212,587 among them, from August 23, 2014.

Reasons

1. Facts of recognition;

A. On April 23, 2009, Han Bank Co., Ltd. loaned a loan of KRW 1 billion to Defendant A at 9.56% per annum and on April 23, 2010 (i.e., change to August 23, 201). Defendant B guaranteed the Defendant A’s obligation to pay the principal and interest of KRW 1.56 billion within the limit of KRW 1.56 billion.

B. On December 26, 2011, the above principal and interest claim was transferred in sequence to Korea EF&A No. 24 securitization company, and to the Plaintiff on February 18, 2014, and the fact of transfer was notified to Defendant A around each time of transfer.

C. The principal and interest of the loan remaining as of July 3, 2014 is KRW 621,950,171 (=principal interest of KRW 489,212,587).

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4-2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from August 23, 2014 to the day of full payment, as claimed by the Plaintiff, with respect to KRW 621,950,171 of the principal and interest of interest of the Plaintiff and KRW 489,212,587 of the principal.

3. Accordingly, the plaintiff's claim against the defendants of this case against all of the defendants is justified, and it is so decided as per Disposition.

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