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Reasons
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(영문) 광주지방법원 2018.07.13 2018가합51688
양수금
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1. The Defendants are jointly and severally liable to the Plaintiff.

(a)in the case of Defendant A with respect to KRW 190,875,817 and KRW 102,227,620 among them;

Reasons

1. Basic facts

A. C (hereinafter “Nonindicted Company”) received loans from the National Bank of Korea (hereinafter “National Bank”), as indicated in the following table (hereinafter “instant loans”). The Defendants, whenever so, set the guarantee limit as set out in the following table, provided joint and several sureties with respect to the obligations of the instant loans. The amount of the principal and interest of the instant loans as of November 21, 2017 as indicated in the following table.

Serial The Guarantee Limit (won) for the remaining principal and interest remaining as of the date of loan 13, 201, 305,000,000,576,981106,835,8329,29, Defendants 130,80,800,2902, 16,982,4331,521,521,51332,00,000,000,27,68,20652,52,518,9754,40,000,000,000,000,000, 130,000,000,000,000,000,00,000, 130,70,000,00,00,00,00, 10,004, etc., of the Defendants

B. On December 26, 2013, the National Bank transferred claims, including the instant loan claims, against the non-party company to the non-party company, and notified the transfer thereof to the non-party company around that time to the non-party company.

In addition, on September 29, 2017, Skicker transferred the instant loan claim, etc. to the Plaintiff and notified the transfer to the Nonparty Company.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants, a joint and several surety of the instant loan obligation, are jointly and severally liable to the Plaintiff for delay damages for the remainder of KRW 190,875,817, and KRW 190,875,817 (= KRW 106,835, 329, KRW 31,521,513, KRW 521,513, KRW 528,975), and the remainder of the principal and interest of the loans, KRW 102,27,620 (= KRW 57,576,981, KRW 16,982, 433, KRW 27,68,206), within the limit of KRW 130,80,00, KRW 1398,714, and KRW 100,000, the remainder of the loans set forth in the above Table 4.

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