logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.09.05 2018가합103555
양수금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff jointly and severally with the corporation B.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. B (hereinafter “B”) took out loans from the Small and Medium Business Corporation as KRW 4.04% per annum on April 28, 201, at the interest rate of KRW 250,000,000 per annum, and at the interest rate of KRW 12% per annum. The Defendant set loans from the Small and Medium Business Corporation B as KRW 300,000,000 per annum and guaranteed collateral.

B. On December 14, 2017, the Small and Medium Business Corporation transferred the above loan claims and its subordinate claims to the Plaintiff, and notified the Defendant and B of the assignment of claims on January 31, 2018.

C. The total amount of the above loans is KRW 396,347,348 as of March 28, 2018 (principal KRW 250,000,000, interest and delay damages) (total KRW 146,347,348).

[Grounds for recognition] Gap 1, Gap 2-1, Gap 3, and Gap 4's purport of the whole pleadings and arguments

2. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally liable to pay KRW 300,000,000 to the plaintiff, which is the maximum amount of collateral guarantee, to the plaintiff.

3. The dismissed part.

A. The Plaintiff asserts that, in addition to the loans of KRW 250,000,000 on April 28, 2011, the Defendant guaranteed a continuing guarantee of KRW 150,00,000 on March 30, 2012, there is no evidence to acknowledge such fact.

B. The Plaintiff seeks payment of the principal and interest exceeding KRW 300,000,000, which is the Defendant’s guarantee limit. However, since the amount of the maximum guarantee limit includes both the principal and interest thereon, and damages for delay, the Plaintiff is obligated to pay only such limit amount, the part seeking payment exceeding KRW 300,000 is without merit.

4. Conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

arrow