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(영문) 서울중앙지방법원 2021.03.09 2020가단5264440
양수금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 87,576,608 and KRW 50,000,000 among the costs, starting from October 15, 2020.

Reasons

1. Facts of recognition;

A. On August 5, 2015, Defendant B entered into a payment guarantee agreement with the Korea Development Bank on the condition that the basic terms and conditions for credit transaction apply, while making credit transactions with Nonparty B. Under the said payment guarantee agreement, Defendant B jointly and severally guaranteed all the obligations such as the loan obligations owed by Defendant B to the Korea Development Bank.

The interest rate on the loan date of the loan subject shall be 15% per annum on 30.30,000,000 won per annum on 15% per annum on 30.30, 2013

B. As of October 14, 2020, Defendant B’s obligation for the loan principal owed to the Korea Development Bank as of October 14, 2020 is KRW 1,079,477,506 in total, including the principal amount of KRW 616,304,70, and interest in arrears amount of KRW 463,172,80.

(c)

The debts owed by the Korea Development Bank to Defendant and the deceased F were finally transferred to the Plaintiff through assignment in the following order, and each credit transfer notification was made.

On May 25, 2016, Korea Development Bank G Co., Ltd. (A trust business entity and I trust business entity of H) G Co., Ltd. (J trust business entity and I trust business entity of H) on December 22, 2016, 3 J (L) K K Co., Ltd. (U) on June 22, 2016, 2016.

On April 28, 2016, the net F, a joint guarantor, died on April 28, 2016, and the legal person was the defendant D, E, a spouse of the defendant C, and the defendant C, D, and E, and on June 23, 2016, the defendant C, D, and E were tried to accept the report of the inheritance approval under the 60107, the Loyang District Court Decision 2016 Goyang-do 60107.

【Unfounded grounds for recognition】 The facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any), Eul evidence No. 1, and the purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim is made by an explicit claim, and the agreement interest rate for delay as from October 15, 2020 on the principal amount of KRW 50,00,000,00 as part of the above non-performance loan obligation, and interest on delay in payment of KRW 37,576,608 as well as the principal amount of KRW 50,000 as 50,000.

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