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(영문) 전주지방법원 2016.10.05 2016가단13613
구상금
Text

1. The Defendant’s KRW 50,000,000 and annual interest thereon from March 4, 2016 to April 26, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Defendant borrowed KRW 92 million from Korea Capital Co., Ltd. (hereinafter “Korea Capital”) for a period of 48 months, monthly equal installment repayment of principal and interest per month of repayment method, agreed rate of 15.3% per annum, and overdue interest rate of 24% per annum. The Defendant’s wife C and the Plaintiff as the Defendant’s wife jointly and severally guaranteed the Defendant’s obligation for Korean Capital.

B. On November 26, 2013, the Defendant lost the benefit of the term because it did not repay the principal and interest specified in the agreement with respect to the above loan obligations, and on November 26, 2013, the Republic of Korea Capital made an application for a payment order against the Plaintiff, the Defendant, and C seeking the payment of the loan under the Seoul Central District Court Decision 2013 tea79533, and on December 5, 2013, the said court issued an order to pay the Plaintiff, the Defendant, and the C jointly and severally to the Korean Capital, 95,719,742 won and 89,179,249 won per annum from November 22, 2013 to the date of full payment.

As the Plaintiff, Defendant, and C did not raise an objection within two weeks from the date of receiving the instant payment order, the said payment order became final and conclusive on December 28, 2013 with respect to the Plaintiff, Defendant, and C, on December 31, 2013.

C. On February 24, 2014, by the Jeonju District Court 2014TTT1679, the Republic of Korea requested a seizure and collection order based on the amount claimed as KRW 101,232,375, and the Plaintiff filed an application for a seizure and collection order based on the benefits claim held against New Chang-gu Co., Ltd. as the claims for the seizure and collection of the benefits claim. The said court issued the seizure and collection order based on the above content of the claim as mentioned above, and served the Plaintiff and New Chang-gu Co., Ltd. on March 17, 2014.

On March 3, 2016, the Plaintiff subrogated for KRW 50 million to the Korean Capital.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3 and 4-1 and 4-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff’s debt of the instant loan.

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