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(영문) 서울중앙지방법원 2015.12.10 2015가단5256032

양수금

Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 38,546,236 and KRW 25,764,509 among them:

B. Defendant (Appointed Party) B, and

Reasons

1. Facts of recognition;

A. On September 5, 2007, Defendant A borrowed KRW 23,100,00 per annum from Dongbu Capital Co., Ltd. 10.8% per annum, 24% per annum, and 36 months during the lending period (hereinafter “instant one loan”), Defendant A borrowed KRW 14,00,000 per annum 7.5% per annum, damages for delay, and 24% per annum, and 36 months during the lending period (hereinafter “instant two loans”), and the Network E jointly and severally guaranteed Defendant A’s loan obligations.

B. The instant loan claims Nos. 1 and 2 were transferred to each Plaintiff on June 21, 2013 and July 1, 2010, and the said assignment of claims was notified to Defendant A, respectively.

C. As of July 14, 2015, the loan claim of this case in the aggregate of KRW 19,612,572, interest or delay damages, KRW 7,079,332, and KRW 26,691,904, and the loan claim of this case in the aggregate of KRW 6,151,937, interest or delay damages, and KRW 11,854,32, respectively, shall remain.

On October 11, 2010, the network E succeeded to the deceased’s property at the rate of 1/3 of each of the 1/3 of Defendant (Appointed Party; hereinafter “Defendant”) B, Appointed C, and D, who are his/her children. Defendant B and the designated parties were tried to accept the deceased’s property by filing a report on the inheritance limit approval with the Changwon District Court Jinju Branch Branch 2015-Ma525.

[Based on Recognition] between the plaintiff and the defendant A: Article 150 (Voluntary Confession) of the Civil Procedure Act: Evidence Nos. 1 to 8, Evidence No. 1 to B (including each number, if any), and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, barring special circumstances, Defendant A as a principal debtor and 38,546,236 won (=26,691,904 won 11,854,332 won) and principal 25,764,509 won (=6,572 won 6,151,937 won) among the above amounts, Defendant B and the appointed parties jointly and severally with Defendant A within the scope of property inherited from network E, a joint and several surety of the instant loan 1, respectively, within the scope of property inherited from network E.