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(영문) 서울중앙지방법원 2016.06.01 2014가단5093289
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 249,029,360 and KRW 68,894,840 among them, from March 19, 2014.

Reasons

1. Basic facts

A. On April 9, 2009, a credit transaction agreement between the C Savings Bank (the change of the name to the D Savings Bank) and the Defendant A prepared a credit transaction agreement with 200 million won per annum, interest rate of 12% per annum, and 25% per annum, and the loan was deposited into the Defendant A account.

At the time of the credit transaction agreement, Defendant A was residing in the United States, and Defendant B, the husband, prepared a credit transaction agreement, and Defendant B entered “A agent B” in his column and affixed the seal of the Defendants.

Defendant B provided a comprehensive collateral guarantee for the above obligations with the limit of the collateral guarantee amount of KRW 300 million.

B. On June 21, 2013, C Savings Bank transferred the claim under paragraph (a) to the Plaintiff, and the Plaintiff, who was delegated with the authority to notify the assignment of the claim, notified Defendant A of the transfer of the claim on or around March 31, 2014.

C. The Defendant A’s obligation under the foregoing credit transaction agreement is KRW 68,894,840 as of March 18, 2014, and interest for delay KRW 180,134,520 as of March 18, 2014.

The plaintiff applies the interest rate of 17% per annum in accordance with the Credit Counseling and Recovery Fund Business Regulations, and is the interest rate lower than the interest rate under the credit transaction agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff asserted that the Plaintiff acquired the Defendant’s loan obligations from the CSaving Bank, and sought the payment of the acquisition money against the Defendants.

On this issue, the defendants asserted as follows.

Defendant B obtained a loan of KRW 3 billion in its own name from the above bank, and made an investment in shares jointly with F, at the request of the representative director F of the E-Saving Bank, but was failed to pay a debt of KRW 3 billion.

Accordingly, F would pay half of the amount of KRW 1.5 billion to Defendant B, and Defendant B would pay the amount of money in the form of a loan in the CSaving Bank in which he was a major shareholder and the president at the time.

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