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(영문) 서울중앙지방법원 2018.11.15 2018가단5171019
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and 15% per annum from July 25, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 22, 2006, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) set out and lent KRW 380 million to Defendant Limited Liability Company A (hereinafter “Defendant A”) on February 22, 2006 at interest rate and due date of repayment on February 22, 2007 (hereinafter “instant loan”). Defendant B, around that time, jointly and severally guaranteed the Defendant A’s obligation to the instant loan within the scope of KRW 227,904,270.

B. Since then, our bank and Defendant A changed the maturity of the instant loan several times, and finally extended the maturity of the instant loan to February 22, 201, but Defendant A did not fully pay the loan at the maturity date.

C. On December 21, 2012, our bank transferred its claim for the instant loan against Defendant A to Korea with the 19th Asset-backed Specialized Company, and notified the said Defendant of the transfer. On December 14, 2015, the said company transferred its claim for the instant loan to the Plaintiff again, and notified the said Defendant of the transfer on January 13, 2016.

As of June 18, 2018, the loans in this case remain in KRW 326,237,394, including principal, interest, delay damages, etc.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1 through 7, Gap evidence Nos. 8-1, 2, 9, and Gap evidence Nos. 10-1 (the evidence No. 2 of this case)

2. The allegations and judgment of the parties

A. According to the facts of the determination as to the cause of the claim, Defendant A is the principal debtor of the loan of this case, and Defendant B as its joint and several sureties, as sought by the Plaintiff who acquired the claim from our bank, as the Plaintiff.

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