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(영문) 서울중앙지방법원 2015.05.07 2014가단5158766
양수금
Text

1. The Plaintiff:

A. As to the defendant A 42,006,686 won and 22,554,069 won among them:

B. Defendant B is Defendant A.

Reasons

1. Indication of claim;

A. Defendant A received a loan from a financial institution specified in the following table and lost the benefit of time due to failure to repay the loan. The network jointly and severally guaranteed the above debt when Defendant A received a loan No. 1 of the above loans.

B. On the other hand, by June 1, 2014, the balance of loans and attempted interest related to each of the above obligations are as listed in the corresponding column as follows.

Serial Loans 19,932,069 11,164,145,145,096,214 2,62,622,28,47210,910,472,472,4710,472 in aggregate 22,554,069 19,452,617 42,06,68686,68666

C. On the other hand, C died, while there were Nonparty D and Defendant B, who is the inheritor, but D waives inheritance, and the above Defendant became the sole inheritor.

The Plaintiff was a corporation established for the stabilization of the livelihood of ordinary people and the promotion of welfare through credit recovery support projects, such as the purchase of overdue bonds, debt readjustment, credit guarantee and loan, from financial institutions such as banks, etc., and notified the obligor of the acquisition of each claim listed in the above table in succession. The rate of delay damages determined in the course of debt settlement between the Plaintiff and the obligor is 17% per annum after the date

E. Therefore, Defendant A is obligated to pay damages for delay calculated at the rate of 17% per annum, which is the agreed interest rate from June 2, 2014 to the date of full payment, for the total amount of 42,06,686 won and the balance of the loan, which is the principal, as the principal principal debtor. Defendant B is the sole heir of the joint and several surety who jointly and severally guaranteed the debt No. 1 above, and jointly with Defendant A, jointly and severally pays damages for delay calculated at the rate of 17% per annum from June 2, 2014 to the date of full payment.

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