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(영문) 광주지방법원 2017.07.28 2016가단534052
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,196,712 as well as KRW 60,00,000 among them, from December 27, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 24, 2011, Korea Bank Co., Ltd. extended a loan with KRW 300,000,000 from Non-Party C’s joint and several sureties (the ceiling of KRW 120,00,000) to Non-Party C on August 24, 201, with the maturity of payment on August 24, 2012; KRW 17% per annum (if the period is less than three months) and KRW 19% per annum (if the period is less than three months), respectively.

B. Since then, Nonparty C delayed the repayment of the above principal and interest of loan; Nonparty C transferred the above loan claim to a third party; the Plaintiff ultimately acquired the above loan claim on June 17, 2016; and on July 12, 2016, the Plaintiff notified Nonparty C, a principal debtor, to the said assignment of claim.

(A) evidence of heading 4.c.

On the other hand, Nonparty B died on February 1, 2013, and all the remaining inheritors except Defendant A and D, who are successors, renounced inheritance. Defendant A (Inheritance Shares 1/2) granted simple approval, and D (Inheritance Shares 1/2) granted qualified acceptance.

(Evidence 1, 2, 3) d.

As of December 26, 2016, Non-Party C’s principal and interest obligation of Non-Party C is KRW 200,393,424 (=principal interest of KRW 120,000,000).

[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. According to the above findings, the Defendant, who is the property heir of Nonparty B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19% per annum, which is the interest rate for delay from December 27, 2016 to the date of full payment (200,393,424 won x inheritance share 1/2) and 60,000,000 won (=principal 120,000,000 x inheritance share 1/2).

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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