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(영문) 부산지방법원 동부지원 2017.04.20 2016가합103162
양수금
Text

1. The Plaintiff:

A. As to the defendant A corporation 1,996,296,522 won and 556,985,788 won among them

B. Defendant C and D are the same.

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. concluded a monetary loan agreement with the Defendant Co., Ltd., and carried out the loan as specified in the following table (hereinafter “instant loan”), and the network E jointly and severally guaranteed the instant loan obligation.

The loan of this case (unit: Won) E

B. However, Defendant A lost the benefit of time by delinquency in paying the principal and interest of the loan of this case.

C. Meanwhile, on June 28, 2007, the case first-class securitization limited company, which is a subsidiary of the National Bank of Korea, transferred the instant loan claim to the Hyundai Swiss Savings Bank (hereinafter “SB Savings Bank”) on June 28, 2007, and notified the Defendant A of the said transfer on the same day.

In addition, on October 29, 2015, SB Savings Bank transferred the instant loan claim to the Plaintiff, and on May 23, 2016, notified Defendant A of the assignment of the said claim.

However, the network E, which jointly and severally guaranteed the instant loan obligation, died on May 3, 201 and succeeded to the obligation of Defendant C and D, who is a child, to the deceased, and Defendant C and D filed a report on the succession approval with the Incheon District Court 201-Ma1089 on May 17, 201, and the report was accepted on the 26th of the same month.

[Reasons for Recognition] and Defendant Corporation A: The fact that there is no dispute, Gap evidence Nos. 1 through 6 (including those with serial numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings and arguments

2. Determination:

A. According to the above facts of the determination as to the cause of the claim, the plaintiff 1) the defendant Gap corporation 1,96,296,522 won and 556,985,788 won among them, the defendant C and D are jointly and severally with the defendant Eul corporation within the scope of property inherited from their respective networks E.

Of the money stated in paragraph 98,148,261 won and 278,492,894 won among them, 15% per annum from June 21, 2016 to the date of full payment.

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