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(영문) 수원지방법원 2016.03.24 2015나24710
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. 1) Modern Social Co., Ltd. (hereinafter “Modern Social”).

(1) The loan agreement of this case is written on October 13, 2009, the total amount of loans is KRW 123,200,000, because the loan agreement of this case was entered as KRW 61,600,000 in the relationship between B and B on October 13, 2009, the type of large cargo, Alx Tech KON 3,00,000,000 (see, e.g., evidence No. 1 and No. 2). Interest rate is KRW 15.5% per annum, interest rate is 24% per annum, interest rate is 60 months from the date of the loan, and the repayment method is 20 days per month in installments with principal and interest equal (hereinafter “the loan agreement of this case”).

(2) On October 2, 2014, the Defendant jointly and severally guaranteed the obligations owed to Hyundai Mack social under the instant loan agreement. (2) On October 2, 2014, the Hyundai Mack social transferred the claims owed to B pursuant to the instant loan agreement to the Plaintiff, and the same month.

7. He notified B of the assignment of the above claim.

3) On October 22, 2014, B lost the benefit of time due to failure to perform the obligation to repay the equal amount of principal and interest under the instant loan agreement. At that time, B’s obligation to repay the principal and interest of loan amounting to KRW 9,116,860 (i.e., principal and interest of loan amounting to KRW 8,543,976, KRW 335,169, KRW 237,715). There is no dispute over the ground for recognition. There is no dispute over the ground for recognition, evidence Nos. 1 through 5, and evidence Nos. 1 and 2 (including serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. According to the above facts of recognition, the defendant jointly and severally guaranteed B's loan obligations under the loan agreement of this case against Hyundai Syman social, and Hyundai Syman's transfer of the above loan obligations to B to the plaintiff while giving notice of its transfer, such assignment of claims is also effective against the defendant, who is a joint and several surety in B.

Therefore, barring special circumstances, the Defendant shall pay to the Plaintiff KRW 9,16,860 and KRW 8,543,976 each year from October 23, 2014 to the date of full payment.

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