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(영문) 서울중앙지방법원 2015.03.03 2014가단5073001

양수금

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 72,749,929 and KRW 44,629,512 among them:

B. Defendants B, C, D, E, and F are deceased.

Reasons

1. Facts of recognition;

A. Defendant A, under the joint and several sureties’s joint and several sureties’s joint and several sureties, extended KRW 20,000,000 as of June 10, 2005 (hereinafter in this case, referred to as “loan 1”) with the due date set as of June 10, 2005, and extended KRW 29,000,000 as of October 29, 2009 (hereinafter in this case, referred to as “second loan”).

B. As of March 11, 2014, the outstanding principal of the first loan is KRW 15,629,512; interest is KRW 10,247,463; interest is KRW 29,00,000; interest is KRW 17,872,954.

C. On June 28, 2013, Youngam ACF transferred the principal and interest on loans to the Plaintiff. On March 31, 2014, the Plaintiff was delegated with the authority to notify the assignment of claims from Youngam AFF and sent the fact of the assignment of claims to the Defendant A by way of content-certified mail.

On the other hand, G died on July 20, 2009 and succeeded to 1/6 shares of each of the Defendants. On December 9, 2009, the Defendants filed an application for the inheritance limited approval with the Gwangju District Court Decision 2009Ra662 on January 14, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, Defendant A is obligated to pay damages for delay calculated at the rate of 14% per annum from March 12, 2014 to the date of full payment with respect to KRW 72,749,929 and KRW 44,629,512 among them, and Defendant B, C, D, E, and F, within the scope of property inherited from the network G, jointly and severally with Defendant A within the scope of property inherited from the network.

B. The Defendants’ defense 1) According to the Defendants’ defenses No. 2, the remainder of the loan is indicated as 0 won, and the Defendants’ defenses 1 and 2 were fully repaid.

B. Since loans 1 and 2 from the extinctive prescription date are commercial bonds, the first loan is around June 10, 2010 after five years from June 10, 2005, and the second loan is five years from October 30, 2008. < Amended by Presidential Decree No. 22140, Oct. 30, 2008>