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(영문) 서울중앙지방법원 2015.04.07 2014가단5241675
양수금
Text

1. Defendant B’s interest rate of KRW 37,254,172 and KRW 14,509,766 among the Plaintiff shall be from August 12 to the date of full payment.

Reasons

1. The creditor's credit card No. 10,066,304, 15,862,520 on November 30, 2004, 10,066, 304, 862, 520 on November 30, 2009, Samsung Card No. 20 on Samsung Card No. 4626, 881, 886 on August 3, 2009, 206, 349, 349, 3092, 405, 912, 15, 15, 2004, 15, 2003, 164, 204, 2064, 206, 2003, 164, 204, 206, 2003, 164, 206, 2004, 164, 2004

A. Defendant A was liable for the loans as set forth in Nos. 1 through 4 against the obligees listed below (hereinafter “instant loans”), and Defendant B jointly and severally guaranteed the loans as set forth in Nos. 1 and 2.

B. The Plaintiff received the claim for the instant loan from each of the obligees, and notified the Defendant A of the assignment of the claim upon delegation by the above obligees.

C. The balance of the principal and interest of the instant loan claims as of August 11, 2014 is as indicated in the said Table, and the agreed damages for delay on the principal of the loan shall exceed 17% per annum.

[Ground of recognition] Gap 1 to 5 evidence

2. Determination

A. According to the above facts as to the cause of the claim, Defendant A is obligated to pay to the Plaintiff the sum of KRW 50,65,563 of the above principal and interest of KRW 20,601,103 of the principal and interest of KRW 50,65,563 of the above principal and interest of KRW 20,601,103 of the above principal and interest of KRW 17,254,172 of the above amount and KRW 14,509,766 of the principal and interest of KRW 17% of the principal and interest of KRW 2 of the above amount as of August 12, 2014 as of the base date to the day of full payment, barr

B. As to Defendant A’s defense, Defendant A exempted Defendant A from the liability for the instant loan obligations, according to the evidence Nos. 1 and 1, Defendant A’s bankruptcy and exemption decision as to the instant loan obligations, etc. by Changwon District Court Decision 2014Hadan886, 2014Da891, which became final and conclusive on December 4, 2014. According to the above facts of recognition, Defendant A is liable for the said loan obligations.

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