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(영문) 서울중앙지방법원 2016.03.25 2015가단5133788
양수금
Text

1. The Plaintiff:

A. On February 11, 2015, Defendant Company Bable KRW 52,135,298 and KRW 45,940,741 among them

Reasons

1. Facts of recognition;

A. On March 26, 2013, Defendant Gab Co., Ltd. borrowed KRW 50 million from the Bank of Korea on March 26, 2013.

The maturity date of the loan was March 26, 2014, and the rate of damages for delay was 17% per annum.

At this time, Defendant A entered into a contract of collateral guarantee with the content that Defendant A will jointly and severally guarantee the obligations of the above loans of Defendant ABB within the limit of KRW 60 million between the Plaintiff and the Plaintiff.

B. As of February 10, 2015, the above loans are principal KRW 45,940,741, interest KRW 6,194,57, total of KRW 52,135,298.

C. On December 17, 2014, our bank transferred the above loan claims to the Plaintiff, and notified the Defendants of the above transfer around January 19, 2015.

[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant A, Inc., is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from February 11, 2015 to the date of full payment of the principal amount of KRW 52,135,298 and the principal amount of KRW 45,940,741 among them, and Defendant A, jointly and severally with Defendant A, is obligated to pay the said money within the limit of KRW 60,000 per annum.

3. Therefore, the claim of this case is accepted on the grounds of the conclusion.

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