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(영문) 전주지방법원 2015.02.11 2014가합5226
양수금
Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several liability amounting to KRW 920,409,496 and KRW 203,651,000 among the liability amount.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a loan of KRW 338,877,565 from the Korea Bank on July 1, 1996 from the due date for payment of KRW 338,87,565 from the Korea Bank on December 1, 1995; interest rate of KRW 14% per annum; and Defendant B and D jointly guaranteed the instant loan obligations within the limit of KRW 800,000,000, respectively.

B. On September 29, 1998, Korea-Japan transferred its claim for the instant loan to the Plaintiff, and on November 30, 1998, notified Defendant A and D of the said assignment of claim.

C. The interest rate on delay in Korea-Japan Bank under the General Terms and Conditions for Credit Transactions remains 18% per annum from February 24, 1999, and the interest on the instant loan remains 920,409,496 won per annum from July 22, 2014, totaling the principal amount of KRW 203,651,000 as of July 22, 2014.

On the other hand, D died on October 10, 2012, and as the deceased’s inheritor, E and Defendant C are children, and E reported the renunciation of inheritance to the Seoul Family Court on November 5, 2012 and received a ruling from the above court on January 4, 2013 to accept the declaration of renunciation of inheritance from the above court on January 4, 2013. Defendant C reported the refusal of inheritance to the Seoul Family Court on November 5, 2012, and received a ruling from the above court on January 7, 2013.

[Reasons for Recognition] Defendant A and B: Each confession (Article 150 of the Civil Procedure Act): Facts without dispute, Gap evidence Nos. 1, 2-1, 3, 3, 4-1 through 3, 5, 6, Eul evidence Nos. 5, and the purport of the whole pleadings

2. According to the above facts of determination, Defendant A and B jointly and severally acquired the claim for the instant loan from the Korea Exchange Bank, and Defendant B shall pay the Plaintiff the amount of KRW 920,409,496 of the instant loan and the interest of KRW 203,651,00,00 per annum from July 222, 2014, which is the date of calculating the principal and interest, to the date of full payment, the interest rate of KRW 18% per annum from July 22, 2014 to the date of full payment, and Defendant B shall be paid 80,000, which

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