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(영문) 서울중앙지방법원 2015.10.22 2015가단5002907
양수금
Text

1. As to Defendant A’s KRW 375,475,294 and KRW 100,00,000 among them,

2. Defendant B shall be jointly and severally with Defendant A.

Reasons

1. Facts of recognition;

A. Defendant A entered into a loan transaction agreement with a creative credit union on October 31, 1998, and 10,000,000 won at an annual interest rate of 19% per annum, 25% per annum, repayment date of 20%, and 31 October 200 (hereinafter “instant loan”), and the network C guaranteed the obligation arising from the said loan.

B. The instant loan claims were transferred in succession from the Chang Credit Cooperative to the Reorganization Finance Corporation, the Yangyang Mutual Savings Bank, and the Solomon Mutual Savings Bank. The facts were notified to Defendant A, respectively, and the final assignee Mutual Savings Bank, the Solomon Mutual Savings Bank, the final transferee, was appointed as the trustee in bankruptcy.

C. On September 1, 2003, the deceased on September 1, 2003, the deceased succeeded to D, E, F, G, and Defendant B, the spouse of the deceased. The judgment accepting D, E, F, and G filed a report of renunciation of inheritance on April 25, 2003 with the Daegu District Court’s Family Branch Branch Decision 2003Ra482, and Defendant B filed a report of refusal of inheritance, and the judgment accepting it on July 7, 2004 with the same court’s Decision 2004Ra1163.

As of October 13, 2014, the balance of principal and interest of the instant loan claim as of October 13, 2014 is KRW 375,475,294 (= Principal KRW 100,000,000, interest for delay damages, etc.).

[Based on the recognition] between the plaintiff and the defendant A: Evidence Nos. 1 through 3, the purport of the entire pleadings, and between the plaintiff and the defendant B: Article 150 (Voluntary Confession) of the Civil Procedure Act

2. Assertion and determination

A. According to the above facts, Defendant A, the principal debtor of the instant loan, is obligated to pay to the Plaintiff the principal principal of the instant loan amounting to KRW 375,475,294 and the principal amount of KRW 100,00,000 among them. Defendant B, the heir of the network C, who is the principal debtor, is jointly and severally with Defendant A, to KRW 375,475,294 within the scope of property inherited from the network C, and to KRW 100,000,000 among them, as claimed by the Plaintiff from October 14, 2014 to the date of full payment.

(b) this;

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