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(영문) 서울중앙지방법원 2019.08.30 2019가단5121417
양수금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff within the limit of KRW 1,622,400,00, and Defendant D shall not exceed KRW 67,822,201 and 47.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea established and lent to Defendant B Co., Ltd. (hereinafter “Defendant B”), and on August 26, 2010, the Industrial Bank of Korea established on August 26, 2018, as the expiry date of the credit. Defendant C jointly and severally guaranteed Defendant B’s above loan obligations within the guarantee limit of KRW 696 million, and on July 21, 201, the Industrial Bank of Korea established and lent KRW 50,000 as of January 6, 201 on the expiration date of the credit. Defendant C and D jointly and severally guaranteed Defendant B’s above loan obligations within the limit of KRW 60,000,000,000.

(hereinafter referred to as "the instant loan agreement". (b)

On March 21, 2011, Defendant D entered into a comprehensive collateral guarantee agreement with the Industrial Bank of Korea and the Industrial Bank of Korea of Defendant B to provide a joint and several surety within the limit of KRW 1.622,40,000,000 for all obligations currently and in the future.

C. On December 14, 2015, the Plaintiff acquired the claim for the above loan from the E-liability company that acquired the above loan claim from the Industrial Bank of Korea, and on January 14, 2016, notified the transfer of claim to Defendant B.

The principal and interest of a loan that was not repaid as of February 12, 2019 by Defendant B is KRW 67,82,201, including the principal and interest of KRW 47,681,670 (= KRW 39,978,077 on July 21, 2011), overdue interest of KRW 1,465,350 on July 26, 201 (i.e., interest of loans of KRW 234,484 on July 21, 201, KRW 1,216,866 on credit cards of KRW 14,00 on credit cards of KRW 14,00 on July 21, 201).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, according to the loan contract of this case, the defendants jointly and severally, within the limit of KRW 1.622,240,000,00,00,000,00 for the principal and interest of the loan of this case, and KRW 67,681,670 for the principal and interest of the loan of this case from February 13, 2019 to April 24, 2019, the agreed delay damages rate of KRW 11% per annum, which is from February 13, 2019 to April 24, 2019, and Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and promotion of legal proceedings, etc. from the following

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