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(영문) 서울중앙지방법원 2015.07.07 2014가단5205600

양수금

Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally liable for KRW 52,664,831 and KRW 28,337,052 among them. From July 15, 2014.

Reasons

1. Defendant A, B, or D;

(a) Indication of claims: It is as shown in the attachment of claims;

(b) Defendant A or D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) by public notice (Article 208 (3) 2 of the Civil Procedure Act): Defendant B: Judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Defendant E, F, G, and H

A. 1) On February 27, 2004, the New Sea Community Credit Cooperatives loaned KRW 30,000,000 to Defendant A on the due date for payment on February 27, 2006, and I guaranteed the above loan obligations. 2) On June 28, 2013, the Plaintiff acquired the above loan obligations of the New Sea Community Credit Cooperatives Federation on June 28, 2013.

3) On June 7, 2007, I died of Defendant C, D, H, E, F, and G. (4) Defendant E, F, and G were subject to a qualified acceptance on the inherited property of each network I as Defendant E, Seoul District Court on October 20, 2014, and Defendant H was subject to a qualified acceptance on the inherited property of each network I on April 14, 2015.

5) As of July 14, 2014, as of July 14, 2014, the balance of loans extended in KRW 10,553,627 is KRW 10,53,627, and an attempted interest is KRW 28,263,969.

[Ground of recognition] Evidence A-5, Evidence A-2-4, Evidence A-7-1, 2-2, and the purport of the whole pleadings

B. If so, Defendant E, F, G, and H are jointly and severally liable to pay damages for delay calculated at the rate of 17% per annum from July 15, 2014 to the date of full payment of the net I’s inherited property (=38,817,59 won (=10,53,627 won (=28,263,969 won) x 1/6) and 1,758,937 won (=10,553,627 won x 1/6).

3. Defendant C

A. Fact 1) On February 27, 2004, the New Sea Community Credit Cooperatives loaned KRW 30,000,000 to Defendant A on or before the due date for payment on February 27, 2006, and I guaranteed the above loan obligations. The Plaintiff acquired the above loan obligations of the New Sea Community Credit Cooperatives on June 28, 2013. (2) As of July 14, 2014, as of July 14, 2014, the balance of the loan obligations under the above subparagraph 1 is KRW 10,53,627, and the amount of attempted interest is KRW 28,263,969. (3) The Defendant C, D, H, E, F, and G died on June 7, 2007. The Defendant C died on October 20, 2014.