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(영문) 서울중앙지방법원 2017.04.12 2016가단5167290
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 23,052,933 and KRW 13,766,939 among them:

B. Defendant (Appointed Party) B

Reasons

1. In fact, the balance of the loan extended to the financial institution (as of July 20, 2016) of the loan extended to the KFF 4,145,464,64,720,966- - Defendant A 3 agricultural cooperatives A 6,963,859,528,289- - The KFF 6,963,859,528,289- - The KF 22,654,39819,085,3985,3985,398,39888,3988,398

A. C has obtained a loan from each of the relevant creditor financial institutions as listed below, and Defendant A has jointly and severally guaranteed a loan No. 2 below.

The following obligations of loans have lost the benefit of time due to the delinquency in payment of principal and interest, and the balance of each loan and overdue interest due to the failure to pay as of July 20, 2016 are as listed below:

B. Around February 27, 2009, the National Bank transferred all of the above loans to the Plaintiff around May 31, 2013, and the Plaintiff received the notification of the assignment of claims from the transferor and notified C of the assignment of claims.

(c)the interest rate for delay applied by the Plaintiff pursuant to Article 11 of the Regulations on Credit Counseling and Recovery Fund Trustee’s Credit Management Business shall be 17% per annum;

C On March 3, 2015, after death on March 3, 2015, the designated parties, including Defendant A and Defendant B, the wife, inherited.

(Inheritance Ratio: Defendant A 1.5/7.5, and 1/7.5, respectively). (e)

On January 9, 2017, the designated parties including the Defendant (Appointed Party B) were judged to accept the report of inheritance approval from the branch court of Suwon District Court on January 9, 2017.

[Ground of recognition] Evidence No. 1-6, Evidence No. 1-6, Evidence No. 1-1, and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A: (i) 2,21,864 won of the loan principal of KRW 11,545,075 won and KRW 11,545,075 won of the loan principal of KRW 13,766,939 won = 13,221,864 won of the loan principal of KRW 13,766,939 won = 9,285,994 won of the interest interest interest interest of KRW 6,836,143 won of the loan interest of KRW 1,449,851 won = 9,285,94 won of the loan interest of KRW 13,76,939; and (ii) 2,839 won of the loan principal of KRW 13,76,939 of the loan principal of KRW 3).

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