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(영문) 서울중앙지방법원 2017.02.09 2016가단5049644

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,594,518 and KRW 24,257,976. < Amended by Presidential Decree No. 17565, Feb. 1, 2002>

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 12 and the entire purport of the pleadings:

On March 19, 199, the National Fisheries Cooperatives of Newanan-gun lent KRW 20,000,000 to E, and Defendant A and the deceased C jointly and severally guaranteed the above loan obligation.

(hereinafter referred to as the “instant loan”) B.

On October 11, 2002, the Newan-gun Fisheries Cooperatives transferred the instant loan claims to the Korea Asset Management Corporation, and notified E of the said transfer.

C. On December 2, 2005, the Korea Asset Management Corporation, as the Gwangju District Court 2005Gahap2570, filed a lawsuit against E, net C, Defendant A, etc. seeking the payment of the instant loan including the instant loan, and was sentenced to the judgment on December 2, 2005 that “the net C, E, and Defendant A shall pay the Korea Asset Management Corporation KRW 31,594,518 and KRW 24,257,976 (the amount of loan was KRW 20,00,000, but a part of interest was converted to the principal) with respect to the instant loan, and the said judgment became final and conclusive.

On August 28, 2012, the Korea Asset Management Corporation transferred the instant loan claims to the Plaintiff, and the Plaintiff was delegated by the Korea Asset Management Corporation with the authority to notify the transfer and notified the net C and Defendant A of the said transfer around September 28, 2012.

E. On December 21, 2012, Defendant B, his child, succeeded to the deceased on December 21, 2012. On February 28, 2013, Defendant B filed a qualified acceptance report on the said inheritance with the Gwangju District Court Decision Decision 2013Ra130 on February 28, 2013, and on March 25, 2013, Defendant B accepted the said qualified acceptance report.

2. According to the above facts of determination, the amount of the loan claim of this case is 18% per annum from February 1, 2002 to the date of full payment, with regard to KRW 31,594,518 and KRW 24,257,976, as shown in the Gwangju District Court Decision 2005Gahap2570.