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(영문) 서울중앙지방법원 2014.12.18 2014가합559866
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 313,822,763 and KRW 200,000,000 among them, from July 21, 2014 to November 20, 2014.

Reasons

1. On February 11, 2009, the Defendant Southern Industry Co., Ltd. (hereinafter “Defendant Co., Ltd”) borrowed KRW 200,000,000 from the Small and Medium Business Corporation (hereinafter “instant loan”); and at the time, the compensation rate for delay was determined as prescribed by the Small and Medium Business Corporation.

Defendant A and B jointly guaranteed the obligation of the instant loan within the limit of KRW 240,000,00 each.

On May 25, 2012, the Small and Medium Business Corporation transferred the instant loans to the Plaintiff, and notified the Defendants of the assignment of the said loans at that time.

As of July 20, 2014, the principal and interest of this case reached KRW 313,822,763 (interest rate of KRW 113,822,763) (interest rate of KRW 200,000).

Therefore, the Defendants jointly and severally pay to the Plaintiff the above KRW 313,822,763 as well as the principal KRW 200,000,000,000 as of July 21, 2014, which is the day following the last calculation of overdue interest, to the day of the last delivery of the copy of the complaint of this case, 12% per annum, which is the overdue interest rate determined by the Small and Medium Business Corporation, and damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, but Defendant A and B are liable to pay them within the limit of

2. Judgment without holding any pleadings (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act);

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