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(영문) 서울남부지방법원 2017.10.12 2017가합989
양수금 중 일부금
Text

1. The defendant shall be jointly and severally with the non-party limited company B.

A. Of KRW 344,817,375 and of KRW 290,00,000 among them

Reasons

Basic facts, the Nonghyup Bank B and the Defendant’s joint and several sureties B (hereinafter “B”) entered into a credit transaction agreement with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) on December 27, 2012 and obtained general funds loans. At the time, the Defendant, as the representative director of B, jointly and severally guaranteed the above loans and the unpaid interest and delay damages rate, and the Defendant’s guarantee limit are as listed in the following table.

On October 13, 2016, 158, 142, 560, 560, 492, 560, 712, 3536,712,163, 375, 375, and 15% per annum on October 13, 2016, 158,00,000,2376,520,522,560 448,142,560,560,560 30,000,000 330,000,000,000 56,71636,712,1636,360,000,000,520,520,183,1520,198,1429,79, etc. of the Nong Bank and Nong Bank were acquired from Defendant No. 205,209,200.

Meanwhile, the plaintiff was in the same month.

9. After having filed an application for registration of an asset-backed securitization plan with the Financial Supervisory Service, a notice of assignment of claims to B and a public notice in lieu thereof shall be completed on October 1, 2015 and around July of the same month.

[Based on the facts without dispute, Gap's evidence Nos. 1 through 4, 5-1, 6, 7 and Eul evidence Nos. 5 (including each serial number if any) and the facts prior to the judgment as to the ground for a claim in the entire pleadings, barring any special circumstance, the defendant shall limit the amount of damages for delay calculated at the rate of 15% per annum from October 14, 2016, which is the date following the starting date of the above final interest, to the date of full payment to the date of full payment, to KRW 348,817,375, which is the interest rate of KRW 15% per annum, which is the agreed interest rate of KRW 348,00,00,000, which is the guarantee limit.

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