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(영문) 서울북부지방법원 2020.02.06 2019가합23347
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 451,134,60 and KRW 236,787,120 among them.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) on August 6, 2007: (a) due date of payment of KRW 1 billion from E Co., Ltd. (hereinafter “E”) on August 6, 2008; (b) due date of payment of KRW 6,008; (c) the interest rate was at least 19% per annum in the event of the fluctuation rate in accordance with the Framework Agreement on Credit Transactions at Bank, and the delay rate at least three months; and (d) Defendant C and Defendant D jointly and severally guaranteed the above loan obligations of the Defendant Company up to KRW 1 billion.

The evidence No. 1 states that the limit of guarantee amount of Defendant C and Defendant D is 1.2 billion won, but the fact that the limit of guarantee amount is 1 billion won is not a dispute between the parties.

B. In order to secure the above debt, Defendant C created the right to collateral on August 6, 2007 with respect to F apartment G owned by it, and on August 13, 2007, the right to collateral security amount of KRW 360 million with respect to Defendant Company, the maximum debt amount of KRW 840 million with respect to the obligor Company, the Defendant Company, and the maximum debt amount of KRW 840 million, respectively.

C. Around December 2013, a claim for the above loans against the Defendant Company E was transferred to H limited liability companies, to I limited liability companies around November 2014, and to Plaintiff Company in sequential order around January 2015, and the fact of transferring the claims to the Defendant Company around that time.

On the other hand, as the Defendant Company did not pay the above loan obligation, the auction procedure was commenced on August 26, 2013 upon application of E (Seoul Central District Court J). On May 16, 2014, H limited liability company, which reported to the creditor in the auction court, received dividends of KRW 1,292,65,82,958 out of the claimed amount of KRW 1,292,658 out of the distribution date of the above auction procedure.

E. As of February 18, 2019, the unpaid balance of the loan claims as of February 18, 2019 is KRW 236,787,120 in principal and KRW 214,347,486 in total and KRW 451,134,60 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant C and the defendant D as the principal debtor.

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