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(영문) 서울중앙지방법원 2017.10.24 2016가합20911
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 311,189,686 and KRW 227,332,151 among them.

Reasons

1. Determination as to the cause of claim

A. 1) Han Bank Co., Ltd. (hereinafter “ Han Bank”)

(2) On June 22, 2007, Defendant A lent KRW 300,000,000 to Defendant A at a fixed rate of 17% in arrears, and finally changed the due date to June 22, 2010 (hereinafter “instant loan”).

(2) On June 22, 2007, Defendant B jointly and severally guaranteed the maximum limit of the collateral guarantee amount of KRW 168,000,000 with respect to the instant loan. (2) On November 24, 2011, under the Asset-Backed Securitization Act, L&A entered into an agreement on asset transfer with a stock company and the instant loan, including the instant loan claims, and on December 26, 201, Korea L&A entered into an agreement on the transfer and acquisition of the said asset transfer agreement with a stock company and a limited liability company specializing in the 24th securitization of L&A with Korea, and on December 29, 201, the said agreement was notified of the said transfer of the credit amount to Defendant A and the said notification was issued around that time.

3) On March 27, 2015, when entering into an asset transfer agreement with the Plaintiff, a limited liability company specializing in the 24th securitization of Korea F&A transferred the instant loan claims. On April 17, 2015, Defendant A notified the assignment of the instant loan to Defendant A of the said assignment and received the said notification at that time. 4) As of June 8, 2016, the remainder of the instant loan as of June 8, 2016 (i.e., principal amount of KRW 311,189,686 (=principal amount of KRW 227,32,151 and delay damages amount of KRW 83,857,535).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including family numbers), and the purport of whole pleadings

B. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff KRW 311,189,686 and KRW 227,332,151, the remaining principal of the instant loan, as well as KRW 227,332,151, the delayed interest rate of KRW 17% per annum from June 9, 2016, which is the day following the date of final calculation of interest, to the day of full payment, and Defendant B is obligated to pay within the limit of KRW 168,00,00,000, which is the limit of the collateral guarantee

2. Determination as to Defendant B’s assertion

A. Defendant B’s defense of extinctive prescription 1.

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