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(영문) 서울북부지방법원 2017.01.19 2015가합26812
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 296,98,673 and the amount of KRW 218,594,464 from July 3, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The loan of one bank and the guarantee of the defendant (appointed party) and the appointed party C) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On May 21, 2009, KRW 50 million from the Han Bank (hereinafter “instant First Loan”) (hereinafter “instant First Loan”).

) On March 9, 2010, KRW 290,000,000 (hereinafter “instant second loan”) is deemed to be “each of the instant loans” and each of the said loans is deemed to be “each of the instant loans.”

(2) The Defendant (Appointed Party) and the appointed Party C (hereinafter “Appointed”) agreed to grant a loan at an overdue interest rate of 17% and jointly and severally guaranteed each of the instant loans with the guarantee limit of KRW 65 million for the instant loan 1, and with respect to the instant loan 2, the guarantee limit of KRW 370 million for each of the instant loans, respectively.

B. The claims for each of the instant loans in the instant case were transferred to the Plaintiff on November 14, 2014 through Korea EF&A 29 companies specializing in the securitization of the Republic of Korea, Cbbbble partner loans limited liability companies, and studio asset management loans company, and the notification of the assignment of claims was given to the Defendant Company at the time of the transfer of claims.

C. As of July 2, 2015, the total amount of principal and interest of each of the instant loans as of July 2, 2015, is KRW 67,931,295,229,057,378, respectively, and the principal is KRW 50 million, and KRW 168,594,464, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, the Defendant Company, the primary debtor of each of the instant loans, is obligated to pay to the Plaintiff the interest for delay calculated at 17% per annum from July 3, 2015, as to the sum of KRW 296,98,673 as of July 2, 2015, and the aggregate of the principal and interest for delay of each of the instant loans, and KRW 218,594,464 as of July 3, 2015, which is the date following the calculation of the interest for delay. The Defendant (Appointed Party) and C, the joint and several surety of each of the instant loans, are jointly and severally with the Defendant Company 42.

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