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(영문) 서울북부지방법원 2018.07.19 2017가단114846
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: 29,70,956 won and 26,077,394 won among them:

B. Defendant A.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including paper numbers), the Bank of E-K Savings Co., Ltd. loaned KRW 30 million to defendant A Co., Ltd. (hereinafter "Defendant Co., Ltd.") on June 30, 2015 at KRW 13.9% per annum, overdue interest 23.9% per annum, and the loan period of 48 months. G jointly and severally guaranteed the above loan obligations; the Bank of E-K Savings Co., Ltd. transferred the above loan obligations to the plaintiff on September 20, 2016 and notified the defendant Co., Ltd. thereof; as of December 19, 2016, the above loan claims were principald KRW 26,077,394, interest 3,623,560,70,956, G was determined by the court below's judgment on June 30, 2015; and C-K Savings Co., Ltd.'s inheritance 2016.

According to the above facts, Defendant Company: (a) calculated at the rate of 23.9% per annum from December 20, 2016 to the date of full payment of the above loans of KRW 29,70,956 among the above loans of KRW 26,07,394; and (b) the remainder Defendants, as the heir of the network G, jointly and severally with Defendant Company, are 8,100,260 won (=29,700,956 x 3/11; hereinafter the same shall apply) and the amount below KRW 7,112,016 (=26,07,394 x 3/111) as to each of the above loans of KRW 26,07,394 x 3/111); and (c) calculated at the rate of damages of KRW 5,40,407,294 x 2937.16 x 2,417 x 297.14

Therefore, the plaintiff's claim of this case against the defendants is justified and it is so ordered as per Disposition.

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