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(영문) 서울중앙지방법원 2014.06.26 2014가합14882
양수금
Text

1. The defendant shall pay to the plaintiff KRW 257,847,983 as well as KRW 215,127,152 as to the plaintiff from December 12, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On July 14, 2009, our bank (hereinafter “Korea bank”) lent KRW 730 million to B (hereinafter “B”) as a loan for corporate split-off, and with respect to its repayment, it shall be paid in installments every one month from August 10, 2009 to July 10, 2014. The interest rate is the fluctuation rate in accordance with the basic terms and conditions of bank credit transactions, the delay rate is 17% per annum at the time of less than three months in arrears, and 19% per annum thereafter.

(hereinafter “instant loans”). (b)

On the same day, the Defendant entered into a collateral guarantee agreement with our bank to provide a joint and several surety between B and South Korea within the limit of KRW 8776 million (the amount equivalent to KRW 120 million) with respect to the current and future obligations owed by South Korea bank.

(hereinafter “instant collateral guarantee”). C.

On December 29, 2011, our bank transferred the claim for the instant loan to the Plaintiff, notified B of the fact of the transfer of the claim by mail, and the above notification was served to B around that day.

As of December 11, 2013, the instant loan remains in KRW 257,847,983, including accrued interest and delay damages at the rate of 19% per annum from April 24, 2013 to December 11, 2013, based on ① the balance of the principal of the loan and KRW 215,127,152, and ② delay damages at the rate of 19% per annum from April 24, 2013 to December 11, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant jointly and severally guaranteed the obligation of the loan of this case to the plaintiff under the instant loan guarantee. Thus, barring any special circumstance, the defendant shall pay to the plaintiff who acquired the loan of this case 257,847,983 won and the balance of the loan principal 215,127,152 won as of the last day of the period for calculating damages for delay.

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