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(영문) 서울남부지방법원 2018.06.21 2017가합113861
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest thereon from November 21, 2017 to the date of full payment.

Reasons

Considering the overall purport of the statements and arguments set forth in subparagraphs A through 6 above, Defendant A Co., Ltd. (hereinafter “Defendant”) and Daegu Bank Co., Ltd. concluded a credit transaction agreement over 12 times from November 21, 2012 to November 24, 2016, and concluded a credit card subscription agreement on November 21, 2012; Defendant B (referring to the representative director of the Defendant Co., Ltd) jointly and severally guaranteed the principal and interest of the Defendant Co., Ltd.’s loans under the above credit transaction agreement and the obligations arising from the use of the above credit card; according to each of the above credit transaction agreements, Defendant Co., Ltd borrowed KRW 2,09,00,000 from the Daegu Bank; Defendant Co., Ltd., Ltd. received the above claims against the Defendants on June 16, 2017; the Plaintiff received the remaining claims from the Daegu Bank on June 29, 2017 from each of the Defendants Co., Ltd. 31, 2017.

According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff KRW 500,000,000, which the Plaintiff seeks payment within the scope of the remaining principal and interest, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 21, 2017 to the date following the delivery date of a copy of the complaint of this case.

The plaintiff's claim is justified, and it is so accepted in entirety and decided as per Disposition.

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