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(영문) 서울중앙지방법원 2014.12.05 2014가합515842
양수금
Text

1. The Plaintiff:

A. Defendant A, B, C, and D are jointly and severally liable for 2,659,531,070 won and 500,000,000 won among them.

Reasons

1. Indication of claim;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with the Daedong Bank Co., Ltd. (hereinafter “Dongdong Bank”) and received a loan from the Daedong Bank. Defendant B, C, D, and the network jointly and severally guaranteed the Defendant A’s loan obligations under the said credit transaction agreement.

B. The Plaintiff acquired the claim for loans from the Daedong Bank to Defendant A, and the Defendant A, B, C, D, and the deceased L were issued a judgment of winning the entire claim by filing a claim for the transfer money with the court 2002Gahap81322, and the said judgment became final and conclusive on June 16, 2004.

C. The deceased L was killed on September 5, 2013, and only E, F, and I accepted the qualified acceptance of the deceased L’s property, and the rest of the inheritors filed an application for renunciation of inheritance.

The balance of the above-paid bond is KRW 698,616,561 of the loan principal as of January 24, 2014 and interest for arrears of KRW 2,659,531,070.

E. Therefore, Defendant A, B, C, and D are jointly and severally liable to pay to the Plaintiff damages for delay for the amount of KRW 2,659,531,070 and damages for delay for delay for the amount of KRW 500,00,000 and interest for delay for the Plaintiff’s total of KRW 500,00,000,000 and KRW 2,159,531,070,070 for the Plaintiff’s interest for delay, and for delay for the amount of KRW 50,00,00,00 among the above loan principal, within the limit of the property inherited to each of the above amounts, jointly and severally with Defendant E, F, C, and I, respectively, and for delay for the amount of KRW 886,510,356 equivalent to each inheritance share of Defendant E, and I, within the limit of the property inherited to each of them.

2. Applicable provisions;

(a) Defendant A and B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

B. The remaining Defendants: Article 208(3)2 of the Civil Procedure Act (amended by the Confession)

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