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(영문) 서울중앙지방법원 2015.04.03 2014가합577420
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 200,00,000 out of the amount of KRW 312,598,188 and the above amount; and (b) October 21, 2014.

Reasons

In fact, on August 3, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with the Small and Medium Business Corporation on August 4, 2009 with a loan limit of KRW 200 million, the date of loan commencement; August 3, 2009; August 3, 2012; interest rate of KRW 4.57 per annum; and delay compensation rate of KRW 12% per annum; Defendant B set the limit of guarantee amount of KRW 240 million; and Defendant B guaranteed the current and future obligations to the Small and Medium Business Corporation in accordance with the said agreement.

On August 4, 2009, the Defendant Company received a loan of KRW 200 million from the Small and Medium Business Corporation in accordance with the above agreement, but did not pay the principal and interest of the above obligation after the due date.

On May 25, 2012, the Small and Medium Business Corporation transferred claims to the Defendants to the Plaintiff, and notified the Defendants of the assignment of claims on July 17, 2012.

As of October 21, 2014, the principal and interest of the Defendant against the Plaintiff is KRW 312,598,188 (= principal and interest of KRW 200,598,188).

【The grounds for recognition of the facts in light of the above facts established in the judgment of the purport of the whole arguments and evidence Nos. 208(3)3, Article 194(1) through (5) of the Civil Procedure Act of the Defendant Company B, the Defendant Company shall pay the Plaintiff the interest of the principal and interest of the loan of KRW 312,598,188 (i.e., interest of KRW 200 million and delay damages of KRW 112,598,188), and the interest of KRW 200 million from October 21, 2014 to February 26, 2015, the delivery date of a copy of the complaint of this case, from the next day to the date of full payment, KRW 12% per annum under the agreement, and KRW 20 million per annum from the next day to the date of full payment, jointly and severally with the Defendant Company, and KRW 240,000,000,000 to the next day of the complaint of this case.

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