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(영문) 서울북부지방법원 2017.08.25 2016가단138814
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 126,820,378 and KRW 79,349,324 from June 22, 2016.

Reasons

1. Basic facts

A. On August 31, 2007, our bank extended a loan of KRW 490,00,000 (hereinafter “instant loan”) at the rate calculated by adding interest to D Co., Ltd. on August 5, 2013 the redemption date to D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”); the interest rate of KRW 1.75% per annum; and the delay compensation rate of KRW 17 through 19% per annum; and Defendant C and B, at the time of the occurrence of the instant loan, the representative director of the Nonparty Co., Ltd, jointly and severally guaranteed all obligations (general guarantee, collateral guarantee limit of KRW 580,00,000, and future designation for settlement period).

Accordingly, on August 31, 2007, regarding the 801st floor of the building owned by the non-party company, the debtor was the non-party company, the maximum debt amount of which was 624,00,000 won, and the establishment registration of a neighboring mortgage in the name of the bank (hereinafter "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

B. On July 17, 2009, Defendant A (at present, the representative director of the non-party company) who was appointed as the representative director of the non-party company was jointly and severally guaranteed as above, except that on December 11, 2009, the limit of the extension of the contract amount was 562,200,000 won.

C. On April 19, 2012, our bank transferred the above loan claims to the 16th special purpose company with Korea, and on February 27, 2014, the 16th special purpose company transferred the above loan claims to the 3rd special purpose company with the 3rd special purpose company with the 3rd special purpose company with the 16th special purpose company with the 16th special purpose company with the 16th special purpose company with the 16th special purpose company with the 3rd special purpose company with the 16th special purpose company with the 16th special purpose company with the 16th special purpose company with the 3rd special loan claims, and the 3rd

As of June 21, 2016, the loan claim of this case remains 126,820,378 won (i.e., principal amount of KRW 79,349,324 or damages for delay).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including additional number), the purport of the whole pleadings

2. The parties' assertion and judgment

(a)the cause of the action;

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