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(영문) 서울중앙지방법원 2015.03.25 2014가단5093104
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 43,476,757 and KRW 27,400,997 among them:

B. Defendant B is the defendant A.

Reasons

1. The Plaintiff received each corresponding claim against Defendant A from the creditor financial institutions listed in the following table, and Defendant B and the network E jointly and severally guaranteed the claim listed in Table 4.

The E’s joint and several liability was inherited to Defendant C and D, and the said Defendants were accepted by filing a report on the inheritance limit approval.

[Ground for Recognition: Article 150 of the Civil Procedure Act between the Plaintiff and Defendant B; Article 150 of the Civil Procedure Act does not conflict between the Plaintiff and the other Defendant; or the purport of all entries and arguments as to the evidence of subparagraphs A

2. If so, the Defendants are liable to pay to the Plaintiff the amount indicated in the following table (1) and the amount indicated in the table (2) with 17% interest rate per annum from March 19, 2014 to the date of full payment, and thus, the Defendants are liable to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum, which is

(2) The principal A-4,476,757 won 27,400,997 won 2,829,730 won 2,60,000 won 2,414,865 won 1,30,000 won 2,414,865 won 1,30,000 won, jointly and severally with the Defendant A within the scope of property inherited from the respective network E, under the joint and several relations and qualified acceptance under the proviso of Article 101 of the Civil Procedure Act.

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