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(영문) 서울북부지방법원 2017.11.14 2016가단143700
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 51,85,90 as well as KRW 38,653,231 among them, from August 23, 2016.

Reasons

1. Facts of recognition;

A. On May 9, 2013, the E-S Savings Bank Co., Ltd. (hereinafter “E-S Savings Bank”) extended a loan of KRW 50 million to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at the rate of 48 months, interest rate of 12.9% per annum, overdue interest rate of 24% per annum, and repayment method determined in equal repayment of principal and interest (hereinafter “instant loan”). At the time, Defendant B and C jointly guaranteed the above loan obligations.

B. In order to secure the loan of this case, the NAH120 vehicles (D, hereinafter “instant vehicles”) owned by the Defendant Company for the purpose of securing the loan of this case are completed the establishment of mortgage on the BH120 vehicles (hereinafter “instant vehicles”).

(hereinafter “the instant mortgage”). Meanwhile, the Defendant Company lost its interest due to delinquency in paying the principal and interest of the loan.

C. On June 14, 2016, the Bank of Korea transferred the instant loan claims to the Plaintiff, and notified Defendant B and C of the assignment of claims on July 11, 2016, and notified Defendant Company of the assignment of claims. The notification of the assignment of claims was sent by public notice to the Defendant Company by public notice of the intent of the assignment of claims to the High Court Decision 2016Kao1406.

As of August 22, 2016, the principal and interest of this case are KRW 51,85,990 (principal KRW 38,653,231).

[Ground of recognition] Defendant Company, Defendant B by service by public notice: The absence of dispute, each entry in Gap evidence 1 through 7 (including the serial number), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, Defendant B and C, a joint and several surety, a principal debtor of the instant loan, are jointly and severally liable to pay to the Plaintiff the amount calculated by the rate of 24% per annum, which is the overdue interest rate from August 23, 2016 to the date of full payment, for the principal amount of KRW 51,85,90 and the principal amount of KRW 38,653,231 among them.

B. (1) As to the Defendant B’s assertion, the Defendant B gave the help to recover the instant vehicle by the EP Savings Bank.

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