(영문) 서울중앙지방법원 2015.10.02 2014가합539985

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(영문) 서울중앙지방법원 2015.10.02 2014가합539985

양수금

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1. The defendant shall not exceed KRW 750,000,000, and the defendant shall be jointly and severally with the non-party B to the plaintiff KRW 200,000,000 and the plaintiff shall be jointly and severally liable for the damages.

Reasons

1. Facts of recognition;

A. According to each description of the five hundred million won each after entering into a credit transaction agreement with the non-party 2 on October 8, 2007, the five hundred million won credit limit, the maturity date on October 8, 2008, the interest rate of 12% per annum (including the 2.5% per annum), and the five hundred million won each after entering into the credit transaction agreement with the non-party 2 on May 8, 2007, the five hundred million won each, and the five hundred million won each. However, according to the principle of pleading, the five hundred million won each is deemed to have been loaned to the five hundred million won each.

B. A loan was made.

The defendant has jointly and severally guaranteed the above loan obligation within the limit of KRW 750,000,000 to the Mapo Savings Bank on the same day.

B. The Komato Savings Bank, the principal debtor B, and the joint and several sureties, agreed to change the above interest rate to 13% per annum around the expiration date of the above credit period.

C. On June 28, 2011, the Plaintiff received the payment of the principal and interest of loan from the Mapo Savings Bank. On December 12, 2013, the Plaintiff notified the principal debtor B of the assignment of loan by mail with the delegation from the Mapo Savings Bank. The notification reached B around that time.

【Reason for Recognition】 Each description of evidence Nos. 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, a joint and several surety of the above loan obligation, is jointly and severally liable with the above B to pay the Plaintiff, a transferee of the above loan claim, 200 million won and damages for delay at the rate of 13% per annum from December 16, 2013 to the date of full payment, as the Plaintiff seeks.

3. If so, the plaintiff's claim of this case is accepted within the above scope of recognition, and remainder.

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