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(영문) 서울중앙지방법원 2015.11.26 2015가단5152109

양수금

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 193,576,989 and KRW 48,738,608 among them:

B. Defendant B is from the network E.

Reasons

1. Facts of recognition;

A. On November 17, 1997, Defendant A received a loan of KRW 50,00,000 from Choung Bank Co., Ltd. with interest rate of KRW 13.75% per annum and by November 17, 2000 (hereinafter “instant loan”). Defendant A guaranteed Defendant A’s above loan obligation.

B. The instant loan claims were transferred to the Plaintiff in sequence from the Choungung Bank, through a limited liability company specializing in asset-backed securitization, and C&B investment loan company. The instant loan claims were transferred to the Plaintiff in order, and each of the above assignment of claims was notified to the obligor.

C. On June 14, 2006, the Seoul Central District Court 2004Da387904, which was the first transferee of the instant loan claim, filed a lawsuit seeking the payment of the acquisition amount against Defendant A and the network E, and sentenced on June 14, 2006, “Defendant A and the network E jointly and severally paid to the Plaintiff the amount of KRW 49,261,260 per annum from December 2, 1999 to the date of full payment,” and the above judgment became final and conclusive on July 5, 2005.

As of April 26, 2015, the loan claims in this case remain in KRW 193,576,989, totaling KRW 48,738,608 and delay damages KRW 144,838,381.

F. The deceased on August 2, 2014, Defendant D and C inherited the deceased, who is his spouse, Defendant D and C, the deceased. The said Defendants filed a report on the inheritance limited recognition with the Suwon District Court 2014-Madan892, and received a judgment on November 10, 2014.

[Based on the recognition] between the plaintiff and the defendant A: Article 150 (Voluntary Confession) of the Civil Procedure Act: Evidence Nos. 2 through 12, Eul No. 1 (including each number, if any), the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, Defendant A as the principal obligor of the instant loan claim, barring any special circumstance to the Plaintiff, with respect to KRW 193,576,989 and the principal amount of KRW 48,738,608.