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(영문) 서울중앙지방법원 2015.01.29 2014가합576366
양수금
Text

1. The Plaintiff:

A. As to KRW 469,178,58 and KRW 300,00,00 among them, Defendant A Co., Ltd. and KRW 469,178 and KRW 300,000 among them, September 29, 2014.

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence Nos. 1 to 3 as a whole.

On August 22, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 300,000,000 from the Small and Medium Business Corporation on August 25, 201, at the rate of 5.29% per annum, and at the rate of 12% per annum (hereinafter “instant loan agreement”), and Defendant B jointly and severally guaranteed the obligation to the Small and Medium Business Corporation under the instant loan agreement to the extent of KRW 360,00,000,000.

B. On May 25, 2012, the Small and Medium Business Corporation transferred claims under the instant loan agreement to the Plaintiff to the Defendant Company, and notified the Defendant Company of the assignment of claims on July 2, 2012.

C. As of September 28, 2014, the amount of the principal and interest of the Defendant Company’s loan to the Plaintiff under the instant loan agreement is KRW 469,178,588 (i.e., the principal (i., the interest of KRW 300,000,000).

2. According to the above facts of determination, the Defendant Company is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 12% per annum from September 29, 2014 to December 16, 2014, which is the day following the above reference date for the principal of KRW 300,000,000 among the above 469,178,58, and the above 300,000,000, which is the day following the above reference date for delivery of a copy of the complaint of this case, and the damages for delay calculated at the rate of 20% per annum from the following day to the day of full payment. The Defendant B is jointly and severally obligated to pay the amount of KRW 360,00,00 among the above 1 amount to the Defendant Company.

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