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(영문) 서울중앙지방법원 2019.12.27 2019가합524230
양수금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 518,396,647 and KRW 215,170,459 among them:

B. It is jointly and severally with Defendant B.

Reasons

1. Basic facts

A. On July 11, 2006, H Co., Ltd. (hereinafter “H”) loaned money with the credit limit of KRW 250,000,000, and the credit period expiration date of July 11, 2009 at the rate of 8% per annum, interest rate of KRW 15% per annum, and the delayed damage rate of KRW 15% per annum. On the same day, Co., Ltd., J, the network G, and Defendant B guaranteed the above loans by Defendant I.

B. As of September 22, 2006, G succeeded to the respective G property at the ratio of 3/9 by Defendant C, the wife of G, and at the ratio of 2/9 by Defendant D, E, and F, the children of G, respectively.

C. The Ulsan District Court accepted the report of qualified acceptance on October 16, 2007 by Defendant C, D, E, and F.

(Slsan District Court 2007 Madan648) Adverging approval judgment by inheritance.

As of April 30, 2017, the above loan loans were 215,170,459 won with interest and delay damages, and 303,226,188 won with interest and delay damages, and 518,396,647 won with interest and delay damages.

E. On May 1, 2017, H Deposit Insurance Corporation transferred the above loan claims to the Plaintiff, and granted the authority to notify the assignment of claims.

On May 1, 2017, the Plaintiff notified the Defendants of the assignment of claims.

[Reasons for Recognition] between the Plaintiff and Defendant C, D, E, and F: The fact that the Plaintiff and Defendant B do not clearly dispute: Confession (Article 150(3) of the Civil Procedure Act)

2. According to the facts as seen earlier, the Plaintiff: (a) Defendant B and its 518,396,647 won and the principal of the loan 215,170,459 won; (b) Defendant B and its 172,798,882 won (i.e., 518,396,647 x 3/9); (c) Defendant C and its 71,723,486 won (i.e., 215,170,459 x 3/99 x 3/9); and (d) Defendant D, E and F are jointly and severally liable to pay damages at the rate of 115,199,254 won (i.e., 518,396,647 x 2/97 x 2/657 x 215,175 x 175 x 195 x 205 x 15).7

3. The plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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