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(영문) 서울중앙지방법원 2015.07.07 2014가단5225161

양수금

Text

1. The Plaintiff:

A. As to KRW 123,229,193 and KRW 35,134,623 among them:

B. Defendant B is Defendant A.

Reasons

1. Facts of recognition;

A. Defendant A bears the credit card payments or loans to the creditor financial institutions listed below, and Defendant B jointly and severally guaranteed the obligations listed in Nos. 1 and 1 and 2, while Defendant B jointly and severally guaranteed the obligations listed in Nos. 1 and 2.

Serial Credit Card No. 17,089, 148, 48, 94, 0636, 083 on October 1, 2011, 2007, Samsung Card No. 17,178,328, 36,800, 485 53,978, 813, 877, 300, 3023, 167, 169, 169, 34, 35, 884, 139, 207, 203, 200, 200, 302, 30, 167, 169, 204, 35, 34, 6238, 84, 2094, 239, 293, 2013

B. On March 19, 2010, G succeeded to G at respective 1/5 shares of Defendant A, Defendant C (Appointed Party C), Appointed D, E, and F. On October 24, 2014, the remaining successors except Defendant A were subject to a qualified acceptance trial by Daejeon District Court Branch Decision 2014Ra277.

C. On May 31, 2013, the Plaintiff received the said credit card or loan claims from the said financial institution and notified Defendant A of the said assignment of claims.

On the other hand, as of August 16, 2014, the balance of the principal and interest of each of the above bonds as of August 16, 2014 is as stated in the above Table, and the rate of delay damages is more than 1

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination, Defendant A and its principal amount of KRW 123,229,193 and KRW 35,134,623 among the balance of the above principal and interest, Defendant B and its principal amount of KRW 66,083,211 out of the above amount and KRW 17,089,148 of the principal amount, jointly and severally with Defendant A, Defendant C (Appointed Party) C, appointed parties D, E, and F shall be within the scope of the property inherited from the network G jointly and severally with Defendant A, and KRW 24,012,404 among the balance of the principal and interest described in 1,29,193 as well as KRW 6,853,495 among them shall be sought by the Plaintiff from August 6, 2014 on the date following each calculation base date.