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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.08.19 2014나44038
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On January 29, 2010, Hyundai Social Co., Ltd. loaned KRW 60,00,000 to Defendant A for a loan period of 48 months, interest rate of loan 25% per annum, overdue interest rate of 29% per annum (hereinafter “instant loan”). On the same day, Defendant B and C jointly and severally guaranteed Defendant A’s above obligation (hereinafter “instant joint and several guarantee”).

B. On April 2, 2013, the Plaintiff received the instant loan claims against the Defendants from Hyundai Social Co., Ltd., and was delegated with the authority to notify the assignment of claims from Hyundai Social Co., Ltd., and notified the Defendants of the assignment of claims as a preparatory document on May 29, 2015. The said preparatory document was served on the Defendants on June 1, 2015.

C. From December 25, 2012, Defendant A delayed the repayment of the principal and interest of this case from around December 25, 2013 and lost the benefit of March 25, 2013. As of April 9, 2013, the remaining principal amount is KRW 23,462,049, interest unpaid interest, KRW 1,073,258, interest unpaid interest, KRW 97,95, and unpaid fees are KRW 578,207.

[Based on the fact that there is no dispute over the loan of this case and documents necessary for the joint and several guarantee, such as the seal impression, seal impression, resident registration certificate, copy of resident registration certificate, copy of the resident registration certificate, etc. of the Defendants, are delivered by the Defendant B to D, who is an employee of the Korea Development Bank entrusted with the loan of this case, and the Defendant A requested the Defendant C to provide a joint and several guarantee for the loan of this case, and the Defendant A consented to the above loan of this case and obtained a personal seal impression, a copy of the resident registration certificate, and a copy of the personal seal certificate of this case.

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