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(영문) 서울중앙지방법원 2020.01.10 2019가단5031309
보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 200,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The E Co., Ltd. (hereinafter “E”) entered into a loan transaction agreement with F (hereinafter “F”) as follows. The Defendants jointly and severally guaranteed obligations under each of the following loan transaction agreements (hereinafter “the instant loan transaction agreements”) with EF: (a) the Defendants jointly and severally guaranteed obligations under each of the instant loan transaction agreements with E; and (b) the Defendants jointly and severally guaranteed each of the instant loan transaction agreements.

On May 10, 2007, the amount of loans extended from the date of maturity of the contract 800,000,000 won for general loans of KRW 960,000,000 for loans on May 10, 2014, c 960,000,000 for general loans of KRW 100,000 for loans on May 10, 2007, 200 for general loans of KRW 120,000 for B 120,000,000 for KRW C120,000 for 00,000 for loans of KRW 120,000 for total loans of KRW 30,000 for small and medium enterprises of KRW 470,000 for loans of KRW 30,000 for small and medium enterprises of KRW 300,000 for loans of KRW 300,000 for general loans of KRW 360,54,2008.

B. On July 15, 2010, F transferred the obligation under each of the instant loan transaction agreements to G limited companies, and thereafter notified G limited companies E as the primary debtor. On September 28, 2018, G limited companies transferred the obligation under each of the instant loan transaction agreements to the Plaintiff and notified the Plaintiff to E as the primary debtor.

C. As of November 20, 2018, the debt amount to the Plaintiff of E is KRW 1,514,452,450 in total (i.e., interest or delay damages, KRW 1,475,387,50 in total) and KRW 39,064,90 in the provisional loan transaction agreement of this case (i.e., interest or delay damages, KRW 653,960,787 in the principal loan transaction agreement of this case; and the debt amount based on the second loan transaction agreement of this case is interest or delay damages; KRW 116,863,396 in the interest or delay damages; the debt amount based on the third loan transaction agreement of this case is KRW 457,851,227 in the interest or delay damages; and KRW 202,637,064 in the interest or delay damages.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

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