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(영문) 부산지방법원 2017.07.07 2017나41986
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 30, 2002, Non-party B signed a credit card as a credit card member of the Plaintiff (formerly changed: EL card Co., Ltd.) and used the credit card, and entered into a substitute loan agreement between the Plaintiff and the Plaintiff on May 30, 2002 with the principal amounting to KRW 9,030,000, interest rate of KRW 19% per annum, interest rate of delay delay rate of KRW 25% per annum, interest rate of KRW 36% per annum, and interest rate of

(hereinafter “instant loan”). (b)

The defendant, who is the mother in B of the application for exchange loan and the agreement (Evidence A No. 1) prepared at the time of the loan in this case, is recorded as the joint and several sureties.

(hereinafter referred to as “instant joint and several guarantee agreement” for the part related to the Defendant among the instant loans.

B around March 26, 2008, around 2008, filed an application for credit recovery support with the Credit Counseling and Recovery Committee, including the principal amount of KRW 19,189,797 (=interest of KRW 11,327,987).

According to the final and conclusive debt settlement plan, B repaid total of KRW 2,421,230 to the Plaintiff from June 19, 2008 to January 19, 2016 (=2,395,844 won out of principal after debt settlement) but the final and conclusive credit recovery was invalidated on March 31, 2016.

E. Accordingly, the above claim was returned again to the Plaintiff, the original claim financial company, and the debts recovered therefrom were KRW 30,577,830 as of June 22, 2016 (i.e., the principal amount of KRW 5,238,630, the interest of KRW 464,325, the delay damages amounting to KRW 24,874,875), and the rate of delay damages amounting to 25% per annum.

F. Meanwhile, upon the death of B on February 21, 2016, C and the Defendant, the parent of B, filed a declaration of renunciation of inheritance with the Busan Family Court 2016 D and the said court rendered a judgment accepting the said declaration of renunciation of inheritance on April 4, 2016.

(No lineal descendant or sibling B at the time of death). [The grounds for recognition] did not dispute.] 【No lineal descendant or sibling B at the time of death, Gap evidence Nos. 1 through 3, 5 through 7, 9, 10, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings is as follows.

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