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(영문) 서울서부지방법원 2017.10.25 2016가단236998
양수금
Text

1. The Plaintiff:

A. Defendant A’s KRW 100,000,000 and interest rate of KRW 15% per annum from June 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 20, 198, the Korean National Bank Co., Ltd. loaned KRW 300,00,000 to Defendant A on the date of loan under the general temporary loan as of May 20, 2001. As of June 21, 2001, the amount of KRW 176,582,443 out of the above principal of the loan remains unpaid, and collected KRW 42,809,434 from Defendant A on September 30, 204, and collected KRW 133,773,09 and interest KRW 9,513,397 and KRW 23,286,406 as of September 30, 204.

B. On November 4, 2004, the National Bank of Korea transferred the claim for the principal and interest of the loan to Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, and around that time notified the defendant A, who is the principal debtor.

C. On April 26, 2011, Solomon Savings Bank (Gu Solomon Savings Bank Co., Ltd.) transferred the principal and interest of loans to the Plaintiff, and notified the net C, a joint and several surety obligor thereof.

On the other hand, on December 28, 2016, Solomon Savings Bank Co., Ltd. notified the defendant A, the principal debtor, by content-certified mail.

As of February 15, 2016, the loan principal of KRW 129,983,775 and interest KRW 353,783,983 remain.

E. On January 27, 2010, the deceased C died, and the defendant B was tried on June 30, 2017 by filing a report on qualified acceptance on October 14, 2016 (the Busan Family Court 2016 ambl 3776 inheritance special approval), which became final and conclusive August 11, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged by paragraph (1) of the judgment as to the cause of the claim, barring any special circumstance, the Plaintiff, the assignee of the principal and interest of loan, Defendant A, the principal obligor, and the original copy of the instant payment order as sought by the Plaintiff, as part of the principal and interest of the loan, as the Plaintiff seeks.

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