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(영문) 서울중앙지방법원 2014.12.22 2014가단140746
양수금
Text

1. The Plaintiff:

A. As to (i) KRW 120,043,814 and KRW 43,20,00 among them, Defendant A shall have from April 30, 201, and 5,400.

Reasons

1. Basic facts

A. On February 4, 2004, the bankruptcy trustee of the Chuncheon Credit Cooperatives filed a lawsuit against the defendant A and the defendant A's fidelity guarantorF, who held office as G of the Chuncheon Credit Cooperatives, claiming compensation for damages by the Chuncheon District Court 2003Kadan2997. The above court ruled that "the defendant A paid the amount of 54 million won as compensation for embezzlement and 20% per annum from November 27, 2003 to the day of full payment; the defendant F paid the amount of 5,400,000 won out of the above amount as the fidelity guarantor of the defendant A, jointly and severally with the defendant F, from November 27, 2003 to February 4, 2004; and the amount of 5% per annum from the next day to February 4, 2004 to the day of full payment."

B. On September 7, 2010, the Plaintiff acquired the claim against Defendant A based on the instant judgment from the Korea Deposit Insurance Corporation of the Chuncheon Credit Cooperatives (hereinafter “the instant claim”) from the bankruptcy trustee of the Chuncheon Credit Cooperatives, and the Korea Deposit Insurance Corporation of the Chuncheon Credit Cooperatives notified Defendant A of the transfer of the claim.

C. As of the closing date of pleadings, Defendant A did not pay interest calculated at the rate of 54,00,000 won in total and interest of 62,924,054 won in total and interest of 20% in total from April 30, 201 and interest of 62,924,054 won in total and interest of 5,40,000 won in total and interest of 20% in total from April 30, 201, and interest of 8,519,760 won in total and interest of 20% in total from September 28, 2012 calculated at the rate of 7,865,50,000 won in total and interest of 5,40,000 won in total and interest of 5,400,000 won in total and/or 20% in total from April 30, 2011.

The F died on January 18, 2013, and the Defendant C, D, and E, the spouse, succeeded to the deceased.

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