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(영문) 서울중앙지방법원 2015.10.07 2014가합59632
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 1,006,394,029 won and 595,182,189 won among them.

Reasons

1. The parties' assertion

A. On April 24, 2008, D Co., Ltd. (hereinafter “D”) concluded a credit transaction agreement with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a credit limit of KRW 1 billion per annum, interest rate of KRW 12% per annum, overdue damages rate of KRW 25% per annum, and extended loans to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) after setting the credit transaction agreement as of April 24, 2009. Defendant B jointly and severally guaranteed obligations under the above credit transaction agreement with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant C guaranteed all obligations against Defendant Co., Ltd within the limit of KRW 1.3 billion.

The Plaintiff acquired the claim for loans from D to the Defendants in total amount of KRW 1,006,39,394,029 (= Principal KRW 595,182,189 + Interest KRW 411,211,840) upon a decision to transfer a contract by the Financial Services Commission. As such, Defendant Company and Defendant B are jointly and severally liable to pay damages for delay of KRW 1,006,39,182,189 to the Plaintiff, the assignee of loan claims, and Defendant Company and Defendant B are jointly and severally liable to pay damages for delay of KRW 595,182,189, and Defendant C is jointly and severally liable with Defendant Company and Defendant B, within the limit of KRW 1,30,00,00

B. The summary of the Defendants’ assertion 1) The credit transaction agreement (No. 1-1) and the written mortgage contract (No. 5-2) with the seal of Defendant Company and Defendant B are forged by the employees affiliated with D, and the Defendant Company and Defendant B did not have entered into a credit transaction agreement with D, and there was no fact that they received loans from D. Even if the existence of the above loan obligation is recognized, the Defendant’s loan obligation was extinguished by the statute of limitations after the lapse of five years from April 24, 2009, which is the expiration date of the credit transaction agreement as stipulated in the above credit transaction agreement. Meanwhile, Defendant B and C’s joint and several debt are due to the expiration of the guarantee period or the declaration of intention of exemption from the obligation of D, the creditor.

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