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(영문) 서울중앙지방법원 2016.11.24 2016가합10815
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from May 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On or after December 14, 2006, B Co., Ltd. (hereinafter “B”) entered into a multiple credit transaction agreements with the Industrial Bank of Korea (hereinafter “the Bank”), and the Defendant jointly and severally guaranteed the obligations of loans under the respective credit transaction agreements with the Industrial Bank of Korea (hereinafter “the instant loans”) against the non-party company up to KRW 1,353,60,000.

B. On May 29, 2014, the Industrial Bank of Korea concluded an asset transfer agreement with EF&A Co., Ltd, and instead of June 26, 2014, concluded an asset transfer agreement with the Plaintiff and transferred the instant loan claims to the Plaintiff. The Industrial Bank of Korea notified Nonparty Company of the transfer of the said loan claims around June 30, 2014.

C. As of March 25, 2016, the sum of the principal and interest of the instant loans is KRW 1,671,860,130.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 19, purport of the whole pleadings

2. According to the facts of the above recognition, as a joint and several surety for the instant loans, the Defendant is obligated to pay the Plaintiff the amount of KRW 500,000,000,000, which the Plaintiff seeks out of the instant loans, and the damages for delay calculated at the rate of 15% per annum from May 18, 2016 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint.

In this regard, the defendant is currently proceeding with the rehabilitation procedure, and the rehabilitation plan is prepared to repay debts by selling the factory, etc. of the non-party company. However, Article 250 (2) 1 of the Debtor Rehabilitation and Bankruptcy Act has an effect on the right of rehabilitation creditors or rehabilitation secured creditors to the guarantor of the debtor for whom the rehabilitation procedure has commenced and other persons who bear obligations together with the debtor for whom the rehabilitation procedure has commenced.

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