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(영문) 서울중앙지방법원 2017.07.26 2016나77409
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

. The selected person;

Reasons

1. Facts of recognition;

A. The loan and joint and several sureties 1) The new term-based credit union ("new term-based credit union" and "new term-based credit union" regardless of whether it is before or after the change of name.

A) On February 27, 1998, Defendant A (hereinafter referred to as “Defendant”) is limited to Defendant A.

) A loan of KRW 10,000 at the interest rate of KRW 17.5% per annum (it may be modified as determined by the New Credit Union), interest rate of 21% per annum, and maturity of February 27, 200 (hereinafter “instant First Loan”).

2) On May 21, 1998, the designated parties B and C jointly and severally guaranteed the Defendant’s debt obligations for the instant loan to the new term union at the time of the instant loan No. 1 (hereinafter “the instant loan”) and the designated parties jointly and severally guaranteed the Defendant’s debt for the instant loan No. 2 as of April 28, 1999 with respect to the credit union No. 1 at the time of the instant loan No. 2 at the time of the instant loan.

B. On June 21, 2013, the Credit Union transferred the principal and interest of the instant loan No. 1 and the claim for provisional payment to the Plaintiff. On June 23, 2014, the Plaintiff was delegated with the authority to notify the transfer of the credit from the Credit Union, and notified the Defendant of the transfer of the claim for provisional payment of the instant loan No. 1 and the notification was delivered to the Defendant at that time. 2) The Credit Depository transferred the claim for the principal and interest of the instant loan No. 2 to the Plaintiff on June 21, 2013, and the Plaintiff was delegated with the authority to notify the transfer of the claim from the Credit Union, and notified the Defendant of the transfer of the principal and interest of the instant loan No. 2 and the notification was delivered to the Defendant at that time.

C. The balance of the principal and interest of the First Loan as of April 10, 2016, including the balance of the principal and interest of the loan, as of April 10, 2016, is the principal amount of KRW 8,302,647, and interest or delay damages.

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