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(영문) 서울중앙지방법원 2015.10.28 2015가단147720
양수금
Text

1. The Defendant is jointly and severally with the Plaintiff, as to KRW 49,865,775, and KRW 36,438,852 among them, on March 5, 2015.

Reasons

On March 3, 2011, the National Bank of Korea (hereinafter referred to as the “National Bank”) granted a loan of KRW 300 million to B Co., Ltd. (hereinafter referred to as “Nonindicted Company”) on March 3, 2011 (hereinafter referred to as “Nonindicted Company”) at a rate of 3.48% per annum and 21% per annum. On the same day, the Defendant jointly and severally guaranteed the obligations of the Nonindicted Company to the National Bank of Korea at a rate of KRW 65 million per annum; the National Bank shall be jointly and severally guaranteed on November 6, 2012; the National Bank shall transfer the said obligations to the Nonparty Company and the Defendant of the National Bank to the Plaintiff on March 29, 201; the National Bank shall be notified the Defendant on November 30, 201 and December 3, 2012; the State Bank shall be free from dispute between the parties to the claim and the Defendant on March 46, 2015; or shall be free from dispute between the parties to the claim and Nonparty 363758.

Therefore, the defendant jointly and severally with the plaintiff Eul shall be paid to the plaintiff 49,865,775 won and 36,438,852 won of the principal from March 5, 2015 to August 4, 2015 with the record that the delivery date of the original copy of the payment order in this case is obviously 18% per annum for the plaintiff within the scope of damages for delay, and from the following day to September 30, 2015, pursuant to Article 2 (2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) to the plaintiff, 20% per annum, and 18% per annum within the scope of damages for delay from the next day to the day of full payment. Thus, the plaintiff's claim shall be paid within the limit of the amount of damages for delay as per the order of this case.

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