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(영문) 서울중앙지방법원 2016.04.01 2015가합551449
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay for KRW 396,118,80 and for KRW 238,736,698 among them, from March 30, 1999 to August 9, 2005.

Reasons

Facts of recognition

Samsung Fire Insurance Co., Ltd. (hereinafter “Masung Fire”) (hereinafter “Masung Fire”) made loans to the network E on August 26, 1997 at the rate of two years, interest rate of 14.5% per annum, overdue interest rate of 19.5% per annum (hereinafter “instant loans”), and Defendant A made a joint and several guarantee for the instant loans to the network E’s Samsung Fire.

Samsung Fire filed a lawsuit with the Seoul Central District Court (2005da153986) against the network E and Defendant A seeking the payment of the principal and interest of the instant case. On October 12, 2005, the above court rendered a judgment that “The network E and Defendant A jointly and severally pay to the Plaintiff 396,118,800 won and 238,736,698 won per annum from March 30, 199 to August 9, 2005; and 20% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive around that time.

Samsung Fire, on October 29, 2013, transferred to the Plaintiff the entire claim for the principal and interest of the instant loan to the Plaintiff under Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Assets Corporation.

On the other hand, as the network E died on June 1, 2013, Defendant B, C, and D inherited the deceased’s property as their children.

The Defendants, who became aware of the existence of the principal and interest of the instant loan, reported to the Seoul Family Court (Seoul Family Court 2015 Ma10014) an inheritance limited approval, and received the said report from the said court on January 8, 2016.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings are as follows: <18,800 won and 238,736,698 won, and 19.5% per annum of the agreed delay interest rate from March 30, 199 to August 9, 2005; 20% per annum of the year prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015; and 15% per annum of the year prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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