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(영문) 서울중앙지방법원 2016.05.25 2015나53314
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant shall pay KRW 96 million to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 1, 2003, Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) extended the repayment period of the instant loan to March 2, 2005, and entered into a contract for collateral guarantee with the Defendant to jointly and severally guarantee the instant loan obligations within the limit of KRW 96 million with the Defendant, by setting the repayment period of the instant loan at 19% per annum of September 1, 2004, interest base rate of 3.34%, and damages rate of delay (hereinafter “instant loan”). On September 20, 2004, the repayment period of the instant loan extended to March 2, 2005, and concluded a contract for collateral guarantee with the Defendant to guarantee the instant loan obligations within the limit of KRW 96 million.

B. The Gwangju Bank and the defendant did not repay the loans of this case against A and the defendant, "A and the defendant jointly and severally pay the amount calculated by the ratio of 19% per annum from August 24, 2005 to the date of full payment, and the defendant filed an application for payment order (hereinafter "the payment order of this case") with the purport that "A and the defendant shall pay the amount of 89,75,043 won and 79,91,277 won from August 24, 2005 to the date of full payment, and the defendant shall pay the amount of 96 million won within the limit of 96 million won." The payment order of this case became final and conclusive on March 19, 206, when the original copy reaches A and the defendant on March 4, 2006.

On October 31, 2011, the Defendant was issued a certified copy of the instant payment order by the Gwangju District Court.

C. Meanwhile, the Gwangju Bank transferred the instant loan claim to the Plaintiff on June 21, 2013, and notified the principal debtor A of the assignment of the claim at that time.

The loan of this case is KRW 230,417,469, totaling KRW 78,587,304 as of July 15, 2015, interest and delay delay damages KRW 151,830,165.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is jointly and severally liable to pay the plaintiff KRW 96 million, which is the maximum amount of the loan of this case, among the loans of this case.

B. The Defendant alleged that he did not know about the instant loan and did not conclude a collateral guarantee contract with the Gwangju Bank, but based on the facts and evidence acknowledged earlier.

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