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Reasons
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(영문) 서울동부지방법원 2019.02.01 2018가단124851
양수금
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1. The Plaintiff:

A. Defendant C shall not exceed KRW 123,929,463 within the limit of KRW 266,50,000 and its amount from September 27, 2013.

Reasons

1. Facts of recognition;

A. D entered into a loan agreement with E Co., Ltd. (hereinafter “E”), and B and C jointly and severally guaranteed the debt of D based on the said loan agreement as follows:

(1) Date of loan: The maximum amount of loans of KRW 156,00,00 for the loans of KRW 156,000 for the loans of KRW 120,000 for the loans of KRW 156,000 for the loans of KRW 156,00 for the loans of KRW 150,000 for the loans of KRW 13.9% per annum for the loans of KRW 48 months: 29% per annum for the loans of KRW 29: the maximum amount of loans of KRW 10,500 for the loans of KRW 110,00 for the loans of KRW 85,00 for the loans of KRW 14.9% per annum for the loans of KRW 48 months: 29% per annum for the loans of KRW 23, 2012.

B. D lost the benefit of time on September 26, 2013. At the time of the instant lawsuit, D’s unredeemed principal under the foregoing paragraph (1) is KRW 47,012,095, and 76,917,368.

C. On February 13, 2015, E Co., Ltd. entered into a contract for the transfer of the above claim with F Co., Ltd., and F Co., Ltd entered into a contract for the transfer of the above claim with the Plaintiff on April 30, 2015, and notified the transfer of each claim.

[Ground of Recognition: Facts without dispute over Defendant B; entries in Gap evidence 1 through 5; purport of the whole pleadings; and judgment by service of public notice against Defendant C (Article 208(3)3 of the Civil Procedure Act)]

2. The party's assertion and judgment as to it

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant C seeks compensation for delay at the rate of 24% per annum from September 27, 2013 to the day of full payment, which is the day following the day of loss of interest due to the Plaintiff’s totaling KRW 123,929,463, and the day following the day of loss of interest due to the claim, and Defendant B seeks compensation for delay at the rate of KRW 123,929,463, which is jointly and severally with Defendant C, within the limit of KRW 156,00,00,000, within the limit of KRW 123,929,463, and the day of full payment from September 27, 2013, which is the day following the day of loss of interest due to the claim.

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