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(영문) 서울중앙지방법원 2021.02.17 2020가합516907
양수금 및 보증채무금 중 일부금
Text

The defendant shall jointly and severally pay to the plaintiff KRW 300,000,000 as well as the full payment from October 11, 2019.

Reasons

1. Facts of recognition;

A. On October 10, 2007, the Industrial Bank of Korea loaned KRW 3,00,000,000 to C Co., Ltd. (hereinafter “C”) on October 10, 2007 at the rate of 13% per annum for the maturity of October 10, 2015, and for the delayed compensation rate of KRW 13% per annum (hereinafter “the instant loan”). The Defendant guaranteed C’s obligation for the instant loan to the extent of KRW 1,60,000,000.

B. On September 18, 2009, the Industrial Bank of Korea transferred the instant loans to D Limited Company according to the asset-backed securitization plan registered with the Financial Services Commission, and publicly announced the transfer of bonds in two daily newspapers.

(c)

D Co., Ltd. entered into an asset transfer agreement with E Co., Ltd. on May 23, 2012, and on June 25, 2012, E Co., Ltd. and F Co., Ltd., and F Co., Ltd., transferred the instant loan claim to F Co., Ltd. upon entering into a contract of transfer or takeover of a contract, and on June 27, 2012, the said claim transfer was notified to C and reached around that time.

(d)

On September 28, 2018, F Limited Company transferred the claim for the instant loan to the Plaintiff, and on October 26, 2018, notified the transfer of the said claim to C, and arrived at around that time.

E. C’s obligations of the instant loans remaining as of October 10, 2019 are the principal amounting to KRW 2,407,898,738, interest1,418,359,153 in total 3,826,257,891.

[Ground for recognition] Unsatisfy, entry in Gap evidence Nos. 1 through 6 (including each number for which there are branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts finding as to the cause of claim, the Defendant is jointly and severally liable with C to pay to the Plaintiff the delayed damages calculated at the rate of 13% per annum, which is the agreed interest rate, from October 11, 2019 to the date of full payment, as part of the obligation to repay the instant loan, at the rate of 300,000,000 won, as the Plaintiff seeks. However, the Defendant is jointly and severally liable to pay to the Plaintiff within the limit of KRW 1,60,000,000,000.

B. Determination 1 on the Defendant’s defenses) The Defendant assumed the exempted obligation, and on May 3, 2013 G’s claims and obligations.

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