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(영문) 서울중앙지방법원 2015.09.16 2015나23078
양수금
Text

1. Of the judgment of the first instance, the part against the Defendants in the judgment shall be modified as follows:

The Defendants are co-defendant C of the first instance trial.

Reasons

1. The U.S. Credit Union granted loans to Co-Defendant C of the first instance trial on January 9, 2001, and KRW 7 million on May 28, 2002, respectively (the following is specified as “the instant loan 1” and “the instant second loan,” and when referring together, hereinafter “each of the instant loans”) and the network D stand joint and several sureties.

After that, on June 21, 2013, the Plaintiff was assigned in sequence from a credit union and a credit union electric wave. Around that time, the Plaintiff was also notified of the assignment of claims.

As of December 17, 2013, the principal and interest of the instant loan was KRW 5,612,978 (i.e., principal KRW 3,716,151 and KRW 1,896,827). The principal and interest of the instant loan was KRW 10,411,385 (i.e., principal and interest of KRW 6,760,628 and KRW 3,650,757). The sum of the principal and interest of each of the instant loans was KRW 16,024,363 (=total KRW 10,476,779 and KRW 5,547,584).

The Plaintiff is seeking the application of the delay interest rate of 17% per annum within the scope of the delay interest rate stipulated in each of the instant loan agreements.

On the other hand, the network D died on August 18, 2012, and its inheritors are E, F and Defendants, and among which the Defendants’ inheritance shares are 2/9, respectively.

On June 29, 2015, the Defendants were subject to the adjudication on qualified acceptance by the Gwangju Family Court 2015Ra918, which became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap-6, the purport of the whole pleadings

2. Comprehensively taking account of the facts established prior to the determination of the cause of the claim, the Defendants, the heir of the network D, who jointly and severally provided a joint and several guarantee for each of the loans of this case, are jointly and severally liable to pay to the Plaintiff damages for delay for the amount of KRW 3,560,969 (= KRW 16,024,363 x 2/9, and less than KRW 2/9) and KRW 2,328,173 (= KRW 10,476,79 x 2/9).

However, since the Defendants were qualified, they can execute only the assets inherited from the network D.

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