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(영문) 서울중앙지방법원 2018.04.04 2017가합37602
양수금 중 일부금
Text

1. The Defendant shall not exceed KRW 420,000,000 to the Plaintiff, as well as KRW 300,000,000 from September 23, 2017.

Reasons

1. Facts of recognition;

A. On November 10, 200, the Industrial Bank of Korea loaned KRW 800,000,000 to B Co., Ltd. (hereinafter “B”) at the rate of 18% per annum, and the due date of repayment on November 10, 2001 (hereinafter “instant loan”). Since then, the due date of the instant loan was extended to October 5, 201 following the change of transaction conditions.

B. On November 11, 2003, the Defendant jointly and severally guaranteed the instant loan obligations to the Bank of Korea within the limit of KRW 420,000,000.

(hereinafter referred to as the “joint and several sureties of this case”).

On May 31, 2011, the Industrial Bank of Korea concluded an agreement on acquisition of assets that transfer assets including the instant loan claims with the Federation Asset Management Co., Ltd. (hereinafter “CF”) and on June 28, 201, the management of the combined assets transferred all the rights and obligations of the transferee under the agreement on acquisition of assets to a limited-liability company specializing in the securitization of the case (hereinafter “K”).

In accordance with Article 7 (1) of the Asset-Backed Securitization Act, the case system announced the transfer of claims to the C press and the D press on July 13, 201 in lieu of notification of the transfer of claims.

E. On August 23, 2017, the case tea transferred assets, including the instant loan claims, to the Plaintiff and notified the transfer of claims to B on September 5, 2017.

F. The instant loan is the principal amount of KRW 317,79,083 as of September 22, 2017, the overdue interest and delay damages amount of KRW 272,820,323.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 11, 15, 17 through 19, and the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the Defendant jointly and severally guaranteed the instant loan claim amounting to KRW 420,000,000,000, as requested by the Plaintiff, the final transferee of the instant loan claim, and 18% per annum from September 23, 2017 to the date of full payment, except in extenuating circumstances.

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