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(영문) 서울중앙지방법원 2016.02.03 2014가단5080627 (1)

양수금

Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 175,660,493 and KRW 56,768,787 among them, from March 21, 2014.

Reasons

1. Facts of recognition;

A. On July 24, 1995, Defendant A entered into a small loan guarantee insurance contract with the Korea Guarantee Insurance Co., Ltd. (hereinafter referred to as “Seoul Guarantee Insurance Co., Ltd.”) and the policyholder A, the insured, and the Korea Life Insurance Co., Ltd. (hereinafter referred to as “Seoul Guarantee Insurance Co., Ltd.”) on July 24, 1995, and borrowed KRW 10,000,000 from the Teaching Lifelong. < Amended by Presidential Decree No. 14835, Jul. 25, 1995>

After then, the Seoul Guarantee Insurance Co., Ltd. requested implementation of the guaranteed insurance contract due to Defendant A’s failure to pay the principal and interest of the loan, paid KRW 11,000,000 to Teaching Life on June 24, 1996.

(hereinafter referred to as the “instant claim for indemnity”). B.

Defendant A obtained a loan (hereinafter referred to as “instant loan 1 through 3”) from the Daegu Gyeongyang Gyeongyang Doon Agricultural Cooperative (hereinafter referred to as “Seoul Gyeongyang Doyang”), as follows. Defendant B guaranteed Defendant A’s obligation to repay loans to Defendant A with respect to the instant loan 2 among the following loans:

C. On June 28, 2013, the Plaintiff acquired the instant claim for reimbursement and the instant claim for reimbursement and the instant claim for loans from the Seoul Guarantee Insurance Co., Ltd., and around that time, notified the Defendants of the assignment of claims.

Meanwhile, the rate of overdue interest currently applied by the Plaintiff is 17% per annum, and as of March 20, 2014, the total sum of the principal and interest of each of the above loans as of March 20, 2014 is KRW 175,660,493 (= Principal KRW 56,768,787, interest KRW 118,891,706).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 10 (including each number), the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant A, as the obligor of the claim for reimbursement of this case and the claim for reimbursement of the loans of this case Nos. 1 through 3, on March 20, 2014.