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(영문) 서울중앙지방법원 2016.05.18 2015가단5190712

양수금

Text

1. The Defendants shall pay the following money to the Plaintiff:

A. Defendant A shall be KRW 92,043,541 and KRW 43,366,316 among them.

Reasons

1. Facts of recognition;

A. Defendant A received credit cards, etc. or received loans from each creditor financial institution on the date stated in the agreement date column as shown in attached Form 1.

The principal and interest of June 8, 2015 are the sum of KRW 92,043,541 (= principal principal KRW 43,366,316) and interest KRW 48,67,225).

Since June 9, 2015, the minimum interest rate among damages for delay in financial institutions is 17% per annum.

B. 1) Defendant B entered into a joint and several guarantee contract for part of the Defendant A’s debt as shown in attached Form 2. 2) J entered into a joint and several guarantee contract for part of the Defendant A’s debt as shown in attached Form 3.

The J died on March 7, 2013, and the wife Defendant A, Defendant D, and E inherited their property.

3) As shown in Appendix 4, Defendant C entered into a joint and several guarantee contract for part of Defendant A’s debt. 4) Defendant C entered into a joint and several guarantee contract for part of Defendant A’s debt as shown in Appendix 5.

I died on December 16, 2007 and succeeded to the property of F, G, and H, a punishment system, F, G, and H.

On December 22, 2010, Defendant F and H were subject to the adjudication of limited recognition by inheritance as the Gwangju District Court Branch of 2010 Madan356.

C. Each creditor financial institution in attached Form 1. The claims against the Defendants were transferred to the Plaintiff, and the notification of transfer was completed.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 13 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant A and the remaining Defendants, as joint and several sureties, are liable to pay the money to the Plaintiff as stated in paragraph (1) of this Article.

Defendant F, G, and H asserts that the extinctive prescription of Defendant F, G, and H’s obligation to the liquidation agricultural cooperative of the Republic of Korea, the principal debtor, has expired.

In addition to the purport of the entire argument, the fact that Defendant A is a member of the liquidation agricultural cooperative; Defendant A is a loan obligation (Account Number K) to the liquidation agricultural cooperative jointly and severally and severally guaranteed by Defendant I. < Amended by Act No. 7678, Aug. 29, 2005>