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(영문) 광주지방법원 2018.08.24 2018가합51527
양수금
Text

1. The defendant is jointly and severally and severally against the plaintiff 397,382,128 won and 238,722,062 won among them.

Reasons

1. Basic facts

A. On April 29, 201, the National Bank Co., Ltd. (hereinafter “National Bank”) entered into a credit limit transaction agreement between B and B as of April 26, 201, with a loan amount of KRW 500,000,000, and the due date of payment as of April 26, 2012. The Defendant and C jointly and severally guaranteed the above loan obligation of KRW 318,50,000.

B. On April 19, 201, a national bank, B, Defendant, and C entered into an agreement to extend the repayment date of the above loan obligation to “ October 26, 2012” and they agreed to extend the repayment date to “ April 26, 2013” on November 2, 2012.

C. On December 26, 2013, the National Bank transferred the above loan claims to a limited-liability company specializing in the dysane first-backed securitization (hereinafter “dysane”), and on September 29, 2017, Dysane transferred the above loan claims to the Plaintiff on September 29, 2017, and notified the transfer thereof to B on October 20, 2017, and the said notification reached B around that time.

As of November 21, 2017, the remaining amount of principal and interest of the loan claims as of November 21, 2017 shall be as listed in the following table:

The Account interest rate (%) 18 201-04-29 500,00,00 238,772,062 149,072,2677, 2679, 537, 799 397, 382,128 / [based on recognition] / The fact that there is no dispute as to the interest on the loan of the Bank from the Bank from the first date of the first loan 18201-04-29, 500,000,000 interest on the loan of the Bank from the first date after acquiring the interest on the loan of the Bank from

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety, is jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 18, 2017 to the date of full payment after serving the original copy of the instant payment order, as requested by the Plaintiff, within the limit of 318,50,000 won, which is the guarantee ceiling, as the remainder of the loan principal and interest remaining to the Plaintiff, jointly and severally with B, C, and the Plaintiff.

B. The defendant's judgment on the statute of limitations defense, etc.

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