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(영문) 서울중앙지방법원 2015.11.27 2014가단36151
양수금
Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd, the amount of KRW 116,139,476 and KRW 10,000,000 among them, the amount of KRW 116,139,476 from March 6, 2001.

Reasons

1. The following facts are recognized by each entry in Gap evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings, unless there is a dispute between the parties or by the purport of the whole pleadings:

A. Defendant A Co., Ltd (hereinafter “Defendant A Co., Ltd”) entered into a loan transaction agreement with the Non-Party Daeyang Mutual Savings and Finance Company (hereinafter “Non-Party Mutual Savings and Finance Company”) as follows, and borrowed each amount.

① Loans 1: Loans 80,00,00 won on June 29, 1996; repayment date; 16.5% per annum; 21% per annum on June 29, 200; 25: Loans 196.7.25; 22,00,000; repayment date; 16.5% per annum on July 25, 1996; 21% per annum on July 25, 2000; 3 loans : Loans 440,00,000; 16.5% per annum; 21% per annum on June 30, 1997; 16.5% per annum on repayment date; 16.5% per annum; and 20% per annum on repayment date; 30% per annum on June 30, 200; 197. 4% per annum on loans ; 30% per annum on repayment date; 197.

B. The non-party mutual savings and finance company goes bankrupt, and the Korea Deposit Insurance Corporation, the trustee in bankruptcy, filed a lawsuit against the Defendants for a loan claim with the Suwon District Court 2002Ra945 regarding each of the instant loans, and was awarded a favorable judgment on May 27, 2004 (the interest rate shall be 24% per annum).

C. On September 4, 2008, the Korea Deposit Insurance Corporation transferred each of the above claims against the Defendants to the Plaintiff, and notified each of the assignment of claims.

On April 18, 2007, the deceased M was co-inheritors, and his spouse B, children L, and M, but he renounced his inheritance, and as his sibling, the Defendant D, E, F, G (No. 1/5 shares) and H (No. 3/35 shares), I, and J (No. 2/35 shares), respectively, become his heir, and Defendant D, E, F, G, I, I, and J received the report by filing a report of inheritance-approval.

2. The Defendants are determined.

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