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(영문) 서울남부지방법원 2018.01.09 2017가단212105
양수금
Text

1. Defendant G shall pay to the Plaintiff the amount of KRW 42,068,164 and KRW 25,820,414 from November 30, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 24, 2001, the Seoul Saemaul Fund loaned interest of KRW 10,00,000 to H at 12% per annum (with an agreement on the change rate) and interest for delay at 22% per annum, respectively. The Fund did not receive KRW 8,212,606 of the loan principal as of July 13, 2007.

B. On November 6, 199, the Nando Saemaul Bank borrowed 30,000,000 won to H under the joint and several guarantee of Defendant G on October 29, 2002 at the due date for repayment and at the rate of 15.5% per annum, and did not receive 29,00,000,000 won of the loan principal.

C. On July 13, 2007, the Korea Saemaul Savings Depository transferred each of the above principal and interest of loans to the Korea Saemaul Savings Depository Federation. On August 7, 2015, the Korea Saemaul Savings Depository Federation as to the Plaintiff.

8,035,204 out of the principal of the loan stated in paragraph (1) above and above 5,138,560 won as of the same day.

Of the principal of the loan stated in paragraph 25,820,414 won, each claim of KRW 16,247,750 as of the same day was transferred.

On September 16, 2015, the Plaintiff notified the Defendant of the assignment of each of the above assignment of claims on behalf of the Korea Saemaul Depository and the Korea Saemaul Savings Depository Federation.

H The heir died on February 1, 2012, and there are six children, including Defendant A, B, C, D, E, and F.

E. On April 5, 2012, six persons, including Defendant A, B, C, D, E, and F, were tried to approve the inheritance of an inheritee as H on April 5, 2012 by the Gwangju Family Court Branching 2012-Ma36, and the judgment was finalized around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the facts stated in Paragraph (1) of the part related to the loan as of November 6, 1999, Defendant G is a joint and several surety for the loan as of November 6, 1999 and pertaining to the promotion of litigation from November 30, 2017 (the day following the day on which the application for modification of the purport of the loan as of November 27, 2017 was served to the above Defendant) to the date of full payment as to KRW 42,068,164 (i.e., the balance of the loan principal amount of KRW 25,820,414, interest KRW 16,750) and the principal of the loan principal of KRW 25,820,414.

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