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(영문) 서울중앙지방법원 2020.04.23 2019가단5221935
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from August 17, 2019 to the date of full payment.

Reasons

Comprehensively taking account of the written evidence Nos. 1 through 6 and the entire purport of the pleadings in response to the response to the order to submit financial transaction information to DB by this court, Defendant B loaned KRW 2 billion from E organization on August 7, 2007, and Defendant C jointly and severally guaranteed the Defendant B’s loan obligation within the limit of KRW 2.4 billion; D Bank transferred the Defendants’ loan obligation to F Limited Company; and the said Company transferred the Defendants’ loan obligation to D Bank to Suwon District Court, Sungnam-nam G Real Estate Auction, H (Joint Real Estate Auction); and the said Company received dividends of KRW 2.4 billion from Suwon District Court, and appropriated it in the order of expenses, interest, principal, and principal claim of KRW 126,581,958, and the Plaintiff notified the Defendants of the transfer of the credit obligation after distribution from F Limited Liability Company on September 10, 2013.

Therefore, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 50,00,000, which is the scope of the Plaintiff’s claim, and damages for delay calculated at the rate of 12% per annum from August 17, 2019 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment, and Defendant C is liable to pay the interest within the limit of KRW 2.4 billion, which is the guarantee limit.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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