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(영문) 서울중앙지방법원 2020.09.16 2016가합526273
양수금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 8,671,956 and 6% per annum from June 30, 2018 to September 16, 2020.

Reasons

The following facts are recognized as a determination of the cause of the claim in the entry of Gap evidence (including the serial number) without dispute between the parties or by considering the overall purport of the pleadings.

① Defendant B (hereinafter “Defendant B”) lent money to Defendant B (hereinafter “Defendant B”) four times as follows, and Defendant C, the representative of Defendant B, jointly and severally guaranteed Defendant B’s above loan obligation.

- The agreed rate of 6.9% per annum, the agreed rate of 18,823,00 won on April 30, 2014, 6.9% per annum, the agreed rate of 27,00,000 won on May 31, 2014, and the agreed rate of 6.9% per annum, the date of payment May 31, 2014, the agreed rate of 6.9% per annum, the agreed rate of 50,000,000 won on June 10, 2014, the agreed rate of 6.9% per annum, the date of payment on June 30, 2014, the date of payment on July 30, 2014, and the date of payment.

② On November 17, 2014, D urged Defendant B to perform his/her obligation. Of the above loans, the amount of the credit on April 30, 2014 out of the credit at the time remains 15,000,000 won and the total amount of the credit was KRW 105,00,000.

③ On February 27, 2015, D transferred KRW 105,000,000 to the Plaintiff the said loan credit.

On the same day, the Plaintiff notified the Defendants of the assignment of the above assignment, and the said notification reached the Defendants on March 4, 2015.

Judgment

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 105,00,000 and the amount of KRW 92,00,000 from March 5, 2015 to the delivery date of a duplicate of the complaint of this case, which is the day following the notification date of the assignment of claims; damages for delay calculated at the rate of 6.9% per annum; damages for delay calculated at the rate of 6.9% per annum from the next day of the notification date of the assignment of claims to the day of the delivery of a duplicate of the complaint of this case; damages for delay calculated at the rate of KRW 13,00,000 for the remainder from March 5, 2015 to the day of full payment; and damages for delay calculated at the rate of 12% per annum from the next day of the decision of this case until September 16, 2020.

The plaintiff on 2014.

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