(영문) 부산지방법원동부지원 2016.11.30 2016가단210797

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(영문) 부산지방법원동부지원 2016.11.30 2016가단210797

양수금 등

Text

1. As to KRW 115,502,928 and KRW 33,024,079 among the Plaintiff, Defendant A shall be the year from July 31, 2016 to the day of full payment.

Reasons

1. Basic facts

A. Defendant A received loans from each of the financial institutions listed in the “loan Details” column of the attached Table “A by financial institution” or received credit cards, and bears obligations of loans or credit card use charges equivalent to the amount indicated in the “total” column of the same Table. The Plaintiff acquired the above loans or credit card use charges from each of the above financial institutions on May 13, 2005.

B. On August 6, 2012, Defendant A prepared a letter of commitment that approves each financial institution’s obligation to each of the financial institutions indicated in the “the details of loans by each financial institution” in the attached Table “the details of loans by each financial institution” and issued it to the Plaintiff.

C. Meanwhile, C, the spouse of Defendant A, died in around 2013, and C, the inheritor of Defendant A and his/her children, are as Defendant A and C.

Defendant B completed the registration of ownership transfer due to the agreement division of the inherited property (hereinafter “instant agreement division”) on July 16, 2014, which was received on July 16, 2014 from the Busan District Court, the Dong Branch Branch of the Busan District Court (hereinafter “instant real property”) and the 23 January 2013, 2013 (hereinafter “instant agreement division”).

E. Defendant A was the sole property inherited shares in the instant real estate, and was insolvent at the time of the instant consultation and division.

F. As of July 31, 2016, the principal and interest on the Plaintiff’s claim against the Defendant = 115,502,928 won = the total amount of principal stated in the “principal of the loan balance by each financial institution” attached Table £« KRW 33,024,079 won £« KRW 82,478,849 won in total as of July 30, 2016) and the damages for delay calculated at the rate of 17% per annum for KRW 33,024,079 from July 31, 2016 to the date of full payment. [Judgment of the court below] The damages for delay calculated at the rate of 17% per annum for damages for delay as of KRW 33,024,079.

2. Determination

A. According to the facts of the above recognition of the claim against the defendant A.

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