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(영문) 대전지방법원 2018.09.06 2018가단204203
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 263,357,33 and the amount of KRW 89,946,338 from November 2, 2017 to the date of full payment.

Reasons

1. Recognizing the facts, the SB Savings Bank (hereinafter “SB Savings Bank”) loaned KRW 90 million to the Defendant on June 1, 2007 under the joint and several sureties’s joint and several sureties, and on October 29, 2015, the balance of loans as of October 29, 2015 was KRW 89,946,338.

On October 29, 2015, the non-party bank transferred the principal and interest of the loan to the plaintiff and notified the defendant of the transfer of the loan and its notification at that time.

The amount of the Plaintiff’s claim to be acquired by transfer until November 1, 2017 is KRW 263,357,333 ( principal KRW 89,946,338 overdue interest at KRW 173,410,995). The overdue interest rate is 15% per annum.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4 (including each number), the purport of the whole pleadings]

2. Determination

A. The Defendant is obligated to pay the Plaintiff the principal and interest of KRW 263,357,33 as well as the principal of KRW 89,946,38 as interest rate of KRW 15% per annum from November 2, 2017 to the date of full payment.

B. The defendant asserts to the purport that the claim of this case against the defendant is unjustifiable, since the representative liquidator B was exempted from the joint and several liability for the above loan in the individual rehabilitation procedure.

살피거� 연대보증인이 부담하는 보증채무는 주채무와 별개의 채무이고, 연대보증인이 면책결정을 통해 면책받았다

Therefore, the defendant's above assertion cannot be accepted, since the exemption does not extend to the defendant who is the principal obligor.

3. citing the Plaintiff’s claim for conclusion

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