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(영문) 서울중앙지방법원 2016.09.23 2015가단5057150
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 88,740,737 and KRW 24,538,70 among them:

B. Defendants B, C, D, E, and F are the defendants.

Reasons

1.The facts constituting the following may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 9, and Eul evidence 1 to 5:

The Mutual Savings and Finance Company for Non-Party (hereinafter “Non-Party Mutual Savings and Finance Company for Non-Party (hereinafter “Non-Party Mutual Savings and Finance Company”) set KRW 210,00,000 on May 2, 1997 to the network G as KRW 14.9% per annum; KRW 22% per annum; ② KRW 38,00,000 on May 30, 1998 as due date for payment; KRW 25% per annum; KRW 32,00,000 on December 24, 1998 as the due date for reimbursement; ③ KRW 32,00,000,000 on December 24, 2001 as the due date for reimbursement; and ② KRW 38,000,000 per annum; and KRW 25% per annum.

Defendant A jointly and severally guaranteed each of the above loans borrowed by G.

B. However, around October 200, the non-party credit cooperative (the non-party credit cooperative was the non-party credit cooperative company at the time) transferred the principal, interest, and delay damages of each of the loans to the plaintiff on April 12, 2004 again, the non-party limited liability company was the social company of the Dongyangyang Korea on April 1, 2004, the non-party limited liability company was the social company of the Dongyang Korea on April 1, 2008, the Dongyang Korea Asset Management Loan Co., Ltd. on December 3, 2009, the Solomonmon Mutual Savings Bank was the Solomon Mutual Savings Bank on November 29, 201, and the Solomonmon Mutual Savings Bank was the principal, interest, and delay damages to the above loans to the plaintiff on November 29, 2011, and notified the principal debtor, etc. thereof.

C. The principal and interest of the loan remaining as of March 4, 2015 in relation to each of the above loans is KRW 24,538,700 and interest KRW 64,202,037 and KRW 88,740,737, and the Plaintiff applies 17% per annum, which is the minimum interest rate among damages for delay in financial institutions.

On the other hand, G died on January 29, 2005, and as his children, H, I, J, and Defendant A renounces inheritance under the Seoul Family Court 2005-Ma1983, the Defendant C, D, and the Defendant E and F, the children of the Defendant C, D, and the Defendant E and F, the children of the Defendant A.

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