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(영문) 서울중앙지방법원 2018.10.05 2017가합15350
양수금
Text

1. The Plaintiff:

A. As to KRW 4,155,251,564 and its KRW 1,480,579,512, Defendant A Co., Ltd., from August 29, 2016.

Reasons

1. Basic facts

A. On February 5, 2008, F Co., Ltd. (hereinafter “F”) entered into a credit transaction agreement with a stock company (hereinafter “former Mutual Savings Bank”) on credit amount of KRW 600 million, term of the agreement, April 5, 2008, interest rate of KRW 14% per annum, and damages rate of KRW 19% per annum, and received loans from a mutual savings bank on the same day immediately preceding the same day.

(hereinafter “instant first loan”). (b)

F has entered into a credit transaction agreement with a mutual savings bank on June 13, 2008, which stipulates that the amount of credit (limit) shall be KRW 2.6 billion, interest rate shall be 12% per annum on September 13, 2008, and damages for delay shall be 19% per annum and received from a mutual savings bank on the same day immediately preceding the same day.

(hereinafter referred to as “second-party loan,” and “first-party loan,” together with “first-party loan,” respectively.

Defendant A Co., Ltd. (hereinafter “Defendant A”), network D et al. jointly and severally guaranteed obligations to mutual savings banks on the day preceding F due to each of the instant loans.

On April 7, 2010, mutual savings banks transferred to the Plaintiff the claim for the principal and interest of loan to F due to each of the instant loans, and the claim for joint and several liability to Defendant A, network D, etc. on June 14, 2010, and notified the Plaintiff of the assignment of the said claim in F, Defendant A, network D, etc.

E. The network D died on June 9, 2013.

On August 21, 2013, Defendant B filed an application for the approval of inheritance limited to inheritance with the Jeonju District Court 2013Ra657, and the said court rendered a judgment on October 7, 2013, stating that “In the inheritance of an inheritee D’s property, Defendant B shall accept the report of qualified acceptance on August 21, 2013, accompanied by the attached inherited property list,” and the said judgment became final and conclusive on October 10, 2013.

On October 11, 2013, Defendant B announced the limitation of inheritance approval to the G Press.

F. As of August 28, 2016, the outstanding principal of the instant loan No. 1 is KRW 277,139,602 for the outstanding principal of the instant loan, and KRW 484,598,864 for the interest and delay damages, and the outstanding principal of the instant loan No. 2 is 1.

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