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(영문) 서울북부지방법원 2019.05.21 2017가단143707
양수금
Text

1. The Defendants are jointly and severally liable, Defendant E’s KRW 3,315,00,000, and Defendant E’s KRW 586,086,649 and KRW 62.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 5 (including each number), it can be acknowledged that F Co., Ltd. entered into a credit transaction agreement with Defendant D and loaned corporate general funds. In this case, Defendant E guaranteed the above loan obligation with the guarantee amount of the nearest guarantee amount of KRW 3.15 billion. The above loan claim was transferred in sequence from F Co., Ltd. to the Plaintiff via G, and the notice of the assignment of the above loan claim was completed by the delivery of litigation documents to the Defendants in the lawsuit of this case.

According to the above facts, the Defendants are jointly and severally liable, and Defendant E is obligated to pay to the Plaintiff the amount of KRW 586,086,649 (the total amount of the loan principal and the interest accrued up to that time as of October 13, 2017) within the limit of KRW 3.315 billion, which is the maximum amount of collateral guarantee, and to pay damages for delay calculated at the rate of KRW 17% per annum, which is the interest rate for delay from October 14, 2017 to the date of full payment.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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