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(영문) 서울중앙지방법원 2017.04.11 2015가단5398660
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 63,859,568 and KRW 22,782,69 among them from December 15, 2015.

Reasons

1. Facts of recognition;

A. Defendant A’s loan details was loaned from financial institutions, but lost the benefit due to delay in the principal and interest.

The details of the loan and the overdue interest rate on December 14, 2015 are as follows: (1) the overdue interest rate on each of the following loan transaction agreements is 15-17% per annum.

Now 1,485,328 4,770,7024,395,395,893's general loan loans 9,216,320,378,348,348 4, 201.27, 22,78,78 in total,782,6975 in total,22,782,698,698,568,568 of special credit loans of 3 credit unions of 3 credit unions of 1,216,320,320,378,348,348

B. The deceased K’s joint and several sureties and inheritance-related network K (hereinafter “the deceased”) entered into a joint and several sureties agreement with Defendant A with respect to Defendant A’s obligations for loans Nos. 4 (hereinafter “the trify loan”) (hereinafter “the trify agricultural cooperative”).

The Deceased died on February 2002 and succeeded to Defendant A, C, D, E, F, and L, the wife, Defendant B, and children.

Since April 2010, the above L succeeded to Defendant G, who is the husband, Defendant H, I, and J, who is his child.

C. On June 23, 2004, the payment order and the partial repayment payment order were finalized on November 3, 2004 by applying for a payment order against Defendant A, the principal debtor, for the payment order for the loans of this case.

(D) The Jeonju District Court 2004Guj 11986, hereinafter referred to as the “instant payment order”).

The auction real estate was sold around August 2012 in the auction case of the Jeonju District Court Gunsan M&D M&D for the real estate owned by Defendant A, which was established as a person entitled to provisional seizure, on the date of distribution on September 27, 2012, and the Samching received 6,790,237 won as a person entitled to provisional seizure on the date of distribution, and paid 2,104,391 out of which was divided in proportion to the repayment of the loans of this case.

E. Each financial institution in the table of assignment of claims refers to financial institutions.

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