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(영문) 수원지방법원평택지원 2015.04.17 2013가단15185
대출금
Text

1. The Defendant’s KRW 29,192,00 among the Plaintiff and KRW 21,194,840 among the Plaintiff, shall be KRW 7,97,160 from July 19, 2013.

Reasons

1. Basic facts

A. On August 22, 2001, the Defendant obtained the general loan of household funds (hereinafter “instant loan 1”) from the Songan Saemaul Bank, and from August 22, 2001, the Defendant again received the general loan of household funds (hereinafter “instant loan”) with “loan 8,000,000,000, and December 27, 2005 due date” (hereinafter “instant loan 2, and the instant loan 1 and 2, each of the instant loans”).

B. As the Defendant did not pay interest on each of the instant loans, on January 4, 2007, the Plaintiff subrogated for the Defendant (hereinafter “instant subrogation”) for the Defendant (hereinafter “instant subrogation”). In addition to the amount of KRW 21,194,840 (= KRW 21,194,840, KRW 7,997, and KRW 160), the principal and interest on the instant loan of KRW 1,194,840 and the principal and interest on the instant loan of KRW 7,97,160 (i.e., KRW 21,194, KRW 840)

C. The instant subrogation was notified to the Defendant four times at around December 13, 2007, around May 6, 2008, around December 24, 2008, and around May 15, 2009.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 through 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. We examine the determination of the cause of the claim, and the person who performed the repayment on behalf of the debtor may subrogate the creditor with the consent of the obligee at the same time. In light of the motive and reason of the subrogation of this case, which can be known by the purport of the entire pleadings, and the process thereof, circumstances after the repayment, etc., it is reasonable to deem that the person who performed the payment on behalf of the debtor gave consent to the person who performed the payment of this case. In addition to the above facts of recognition, the defendant, barring special circumstances, as to the plaintiff, 21,194,840 won of the subrogated payment of this case and the principal and interest of the first loan of this case 21,194,840 won from July 19, 2013, on the following day of the delivery of the copy of the complaint of this case, as to the second loan principal and interest of this case 7,97,160 won from the day following the delivery of the copy of the application for change in the purport of this case and the

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