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(영문) 서울중앙지방법원 2015.06.05 2014가단5233087

양수금

Text

1. The defendant shall pay to the plaintiff KRW 49,622,071 and KRW 20,918,347 among them, from August 14, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 11 as to the cause of the claim, the defendant received a loan from each financial institution as follows, and the plaintiff received each of the principal and interest of the loan as to August 13, 2014, and as to August 13, 2014, claims for each of the principal and interest of the loan amounting to KRW 49,622,071 (=the balance of the loan amounting to KRW 20,918,347 overdue interest rateing to KRW 28,703,724). The interest rate for the principal and interest of the loan amounting to 17% per annum can be acknowledged. According to the above facts, the defendant, barring any special circumstances, bears the duty to pay the plaintiff delayed interest rateing to KRW 49,622,071 and the balance of the loan amounting to KRW 20,918,347 from August 14, 2014.

[No. 5,313,571 8,450,571 - 2,739,587 B, 3331 general loan of 6,604,766,76, total sum of 20,918,3477,703,72444,724, 7724, 604, 704, 766 - General loan of 3 community credit cooperatives of 3rd 3rd Gyeong-dong, Agricultural Cooperative Special Credit Guarantee Co., Ltd. (Repaid Bonds) - the balance of the loan of the loan of the financial institution (not later than August 13, 2014, 2014) as joint and several surety.

2. Judgment on the defendant's assertion

A. The Defendant alleged that the Plaintiff failed to receive the Plaintiff’s notice of assignment of claims on or around May 31, 2013. However, according to the evidence No. 9, the Plaintiff’s notification of assignment of claims to the Defendant on January 28, 2015, which was delegated by financial institutions in the above statement of claims specification, again notified the Defendant of the assignment of claims on or around January 28, 2015, and the above notification of assignment of claims

B. In addition, the defendant asserts that the plaintiff's assertion is groundless since the defendant renounced inherited property from B, a joint and several surety for some of the above claim specification table, but the plaintiff's claim against the defendant in this case against the defendant is not based on the ground that it is the heir against B, but is the principal debtor.