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(영문) 서울중앙지방법원 2015.04.15 2014나70688
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay KRW 7,000,000 to the plaintiff jointly with B.

3...

Reasons

1. Facts of recognition;

A. On July 22, 1997, the non-party Asan Agricultural Cooperative (hereinafter the "FFFFC") loaned 5 million won as household funds to B on July 2, 1997 at interest rate of 14% per annum, interest rate of 19% per annum, and due date of repayment on February 27, 199. However, the Defendant jointly and severally guaranteed the B’s obligation to guarantee the loans to the FFFC as the guarantee limit amount of KRW 7 million.

B. B did not pay the above loan obligation. As of December 4, 2013, the sum of the principal and interest of the loan obligation in arrears as of December 4, 2013 is KRW 7,582,226 (=principal interest of KRW 4,93,604 or delay damages of KRW 2,58,622).

C. Around June 28, 2013, the Plaintiff, a juristic person established for the purpose of credit recovery support, etc. for persons alienated, acquired the principal and interest of loan from U.S.C., and notified B of the transfer of the principal and interest of loan with the authority delegated by U.S.C., a transferor, around December 2013.

On the other hand, the rate of delay interest determined by the plaintiff on the purchased bonds is 17% per annum.

E. The Plaintiff filed a lawsuit against the Defendant and B seeking payment of the above amount as the court’s 2013 Ghana61965. On January 3, 2014, the court of first instance rendered a joint and several decision on performance recommendation with respect to KRW 7,582,226 and KRW 4,993,604 as well as the annual interest rate of KRW 17% from December 5, 2013 to the date of full payment. Of these, the court of first instance rendered a decision on performance recommendation with respect to KRW 7,582,226 and its 4,93,604, respectively, to the Plaintiff. Of them, the said decision on performance recommendation was served on January 16, 2014 and became final and conclusive at that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant (joint guarantor) is jointly and severally liable to pay to the plaintiff KRW 7,582,226 of the loan principal amount and KRW 4,993,604 per annum from December 5, 2013 to the date of full payment. The defendant (joint guarantor) is jointly and severally liable to pay to the plaintiff KRW 7,00,000,000 per annum among the amount calculated by the ratio of KRW 17% per annum from December 5, 2013 to the date

3. Thus, the plaintiff's conclusion is that of this case.

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