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(영문) 서울중앙지방법원 2015.09.15 2015가단5031165
양수금
Text

1. The defendant jointly and severally with the non-party B within the limit of KRW 60,000,000 to the plaintiff and KRW 113,459,004 and 50,000 out of the amount.

Reasons

1. Facts of recognition;

A. On June 10, 2003, Nonparty B borrowed KRW 50,000,000 from the bank of Korea on March 31, 2006; 3% per annum; 17% per annum per annum per annum per annum per annum per annum per annum per annum per annum in arrears with the rate of damages for delay of less than 3 months; and 19% per annum per annum per annum per annum per annum for over three months.

B. On the other hand, on the same day, the defendant set the above B's obligation to repay the principal and interest of loan to the above bank as KRW 60,000,000, and provided a limited collateral guarantee for joint and several sureties.

C. After November 25, 201, Korea Bank transferred the principal and interest of the loan to B to Tyman Loan Co., Ltd., and notified it to B.

On the other hand, as of October 20, 2014, the principal and interest of the above loan amount of KRW 50,000,000, interest and liquidated damages of KRW 63,459,00,000, total of KRW 113,459,04.

[Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 4, and the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally liable with B to pay damages for delay calculated by the ratio of 20% per annum from January 20, 2015 to the date following the delivery date of a copy of the complaint in this case as requested by the plaintiff as to KRW 113,459,004 and the loan principal of KRW 50,000,000, out of the loan principal within the limit of KRW 60,000,000, which is the maximum amount of collateral guarantee.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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