logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.10.11 2017가단75916
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 99,308,806 and the interest rate of KRW 15% per annum from April 12, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. C on December 20, 201, KRW 200 million to D Co., Ltd. (hereinafter “D”), among which KRW 100 million was due on June 30, 2012, the remainder of KRW 100 million was due on December 31, 2012, and the rate of delay damages was set at 10% per annum (hereinafter “instant loan”), and the Defendant, which was registered as the representative director of D at the time, jointly and severally guaranteed the above loan obligation of D.

B. C on January 9, 2017, transferred to E the amount equivalent to KRW 290 million out of the instant loans, and notified it to E on the same day.

C. On March 23, 2017, E participated in the instant loan amounting to KRW 290 million, among the instant loan claims, in the Cheongju District Court Cheongju Branch F real estate auction case where real estate owned by D was pending on March 23, 2017, and received dividends of KRW 190,691,194.

E on March 24, 2017, with respect to the portion of KRW 290 million out of the instant loans, the claims equivalent to KRW 99,308,806 not paid in the case of real estate rental auction shall be transferred to the Plaintiff, and the same year shall be transferred to the Plaintiff.

3. 31.D and its notification.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, witness E and C's testimony, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 12, 2017 to the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff with respect to KRW 99,308,806 that the Plaintiff acquired among the instant loans and the damages for delay calculated from April 12 to the day of full payment.

3. Judgment on the defendant's defense

A. The defendant's defense that the joint and several guarantee contract has not been concluded between the defendant and C, or that the above contract is null and void due to a declaration of intention that is not a serious one, is asked by the defendant for the purchase of real estate from G, the actual operator of D.

arrow