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(영문) 수원지방법원 2018.06.08 2018나51324
양수금
Text

1. Revocation of a judgment of the first instance;

The plaintiff's claim against the defendants is dismissed in entirety.

2. The total cost of the lawsuit.

Reasons

Facts of recognition

The network E (hereinafter referred to as the “the network”) was loaned at the rate of 50,000,000 as a general loan around October 25, 2007, in the course of lending with the new Savings Bank (hereinafter referred to as the “New Savings Bank”) around October 25, 2007, at the rate of 11.5% per annum.

After October 25, 2008, the term of loans extended on October 25, 2009 to the Shin Savings Bank by the deceased, and the applicable interest rate was changed to 12.9% per annum. On October 25, 2009, the term of loans extended on April 25, 2010.

D At the time when the Deceased borrowed money from the new Savings Bank as above, D jointly and severally guaranteed the above loan obligations within the limit of KRW 650,000,000 within the limit of collateral guarantee.

On September 19, 2010, the deceased died, and the deceased’s heir was the Defendant B and C, who is the spouse, the deceased’s spouse.

On June 10, 2011, the Defendants succeeded to the deceased’s obligations upon the Seoul Family Court Decision 201Jae-Ma1433, 201.

The New Savings Bank of KRW 2102,857,075,714, the spouse of the surviving heir’s total inheritance share principal of KRW 3154,285,613 won 21,428,575 won B 2102,857,075 won 14,714 won C on June 25, 2012 when entering into an asset acquisition agreement with the Plaintiff on June 25, 2012, transferred all rights related to the bonds, debts, etc. held by the New Savings Bank to the Plaintiff, and in the process, the loans against the Deceased were transferred to the Plaintiff.

On July 16, 2012, the New Savings Bank transferred the claim for loans to the deceased to the Plaintiff based on an asset acquisition agreement on June 25, 2012, and accordingly, the entire principal, interest, delay damages, and other amount of credit pursuant to the above assignment of credit was transferred to the Plaintiff as the transferee along with bills, checks, rights to the guarantor, rights to collateral security, right to collateral security, and all other rights related thereto, and all other rights incidental thereto.

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