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(영문) 대전지방법원논산지원 2014.12.11 2014가단4913
양수금
Text

1. The Plaintiff:

A. Defendant A is from October 1, 2014 to KRW 31,953,891 out of the above amounts and KRW 95,237,815.

Reasons

1. Indication of claim;

A. Defendant A received money or a credit card from a financial institution as shown in the attached Table.

B. Defendant B jointly and severally guaranteed the obligations set forth in the sequence 2 and 9 in the attached Table.

C. The financial institutions listed in the attached table finally transferred to the Plaintiff the claims indicated in the attached table to Defendant A, and notified Defendant A of the transfer of each of the above claims.

As of October 1, 2014, Defendant A did not pay the principal and interest of 95,237,815 won, principal and interest of 31,953,891 won as of October 1, 201.

Of them, the sum of principal and interest on Nos. 2 and 3 in the attached table in which Defendant B guaranteed joint and several liability is KRW 46,780,012 (i.e., KRW 38,314,277, KRW 8,465,735), and the sum of principal and interest on KRW 15,282,034 (= KRW 12,459,688, KRW 2,82,346).

E. Therefore, Defendant A is liable to pay damages for delay calculated by the rate of 17% per annum to the Plaintiff, which is the total amount of KRW 95,237,815 and the total amount of KRW 31,953,891, from October 1, 2014 to the date of full payment, and Defendant B is jointly and severally liable with Defendant A to pay damages for delay calculated by the rate of 17% per annum to the total amount of KRW 46,780,012 and the total amount of KRW 15,282,034 from October 1, 2014 to the date of full payment.

2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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