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(영문) 대전지방법원 2017.04.14 2016나103574
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

on December 31, 200, the Geum River Credit Union loaned 6,000,000 won to C on December 31, 2000 at the due date of repayment of 30 December 30, 201, interest rate of 12.8% per annum, interest rate of 25% per annum (hereinafter “instant loan”), and D jointly and severally guaranteed the above loan obligation of C.

(2) On January 11, 2005, the bankruptcy trustee of the Geum River Credit Cooperatives filed a lawsuit against C and D seeking the repayment of the instant loans and the joint and several liability, and on January 11, 2005, “C and D shall jointly and severally pay to the bankruptcy trustee of the Geum River Credit Cooperatives at the rate of 22% per annum for KRW 9,871,443 and KRW 5,99,809,80 from December 15, 2014 to the date of full payment.”

On October 19, 2006, the Korea Deposit Insurance Corporation of the Geum River Credit Cooperatives transferred the instant loan claim to the Plaintiff on October 19, 2006, and around that time, notified C and D of the transfer.

On January 6, 2015, the Plaintiff filed a lawsuit against C and D seeking the performance of the instant loans and the joint and several liability obligations, following the lapse of the extinctive prescription period based on the decision on prior performance recommendation. On January 20, 2015, “C and D shall jointly and severally pay to the Plaintiff 12,948,095 won and 3,019,653 won per annum 22% per annum from March 31, 2010 to the date of full payment” was determined and confirmed on February 10, 2015.

(D) On May 19, 2009, the deceased was already dead (hereinafter “the deceased”) and C and their children, the deceased’s heir, and the share of inheritance is C3/7 and the Defendants’ respective 2/7.

The Defendants shall succeed to the deceased’s property in succession.

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