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(영문) 서울중앙지방법원 2019.01.10 2018가합575743
양수금 등
Text

1. The Plaintiff:

A. As to KRW 80,095,890 and KRW 50,000 among them, Defendant B Co., Ltd. from June 19, 2018 to KRW 50,000.

Reasons

1. Basic facts

A. The Industrial Bank of Korea concluded a credit transaction agreement with the Defendant Company B (hereinafter “Defendant Company”); and Defendant C jointly and severally guaranteed all the obligations that the Defendant Company owes to the Industrial Bank of Korea at present and in the future, within the same limit as the amount indicated below (hereinafter “instant credit transaction agreement”); and Defendant C guaranteed as to all the obligations that the Defendant Company owes to the Industrial Bank of Korea within the same limit as the amount indicated below.

The principal of the loan extended on the date of loan to small and medium enterprises shall be 13% per annum of 50,000,000,000 won per annum of 13% per annum of 60,000,000 won for loans for small and medium enterprises under the guarantee limit for the extension of the principal of the loan to the lending date, and 13% per annum of 13% per annum of 172,697,373 won on August 31, 2010.

B. Since then, the Defendant Company, the primary debtor of the credit transaction agreement of this case, lost the benefit of time due to overdue payment of principal and interest.

C. On November 27, 2012, the Industrial Bank of Korea: D Co., Ltd.; and D Co., Ltd., on December 24, 2012, transferred the above principal and interest interest claim to each Defendant Co., Ltd. to the Plaintiff in sequential order; and notified the Defendant Co., Ltd of the transfer of claims around the respective transfer dates.

As of June 18, 2018, ① the principal and interest of a credit transaction agreement based on a credit transaction agreement on November 3, 2008 is KRW 80,095,890 (i.e., principal amount of KRW 50,000,000 for delay damages of KRW 30,095,890). ② The principal and interest of a credit transaction agreement based on a credit transaction agreement on August 31, 2010 is KRW 277,037,916 (i.e., principal amount of KRW 172,697,373 for delay damages of KRW 390,949,624).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant Company shall pay to the Plaintiff KRW 80,095,890 as well as KRW 50,000,000 as to the Plaintiff, and the annual interest rate of KRW 13% per annum, which is the interest rate for delay delay, from June 19, 2018 to September 26, 2018, the delivery date of the original copy of the instant payment order, and KRW 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following to the day of full payment.

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