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(영문) 서울중앙지방법원 2018.03.08 2017가단5105978
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 134,791,79 and KRW 37,014,431 among them:

B. Defendant B and C are deceased.

Reasons

1. Facts of recognition;

A. Defendant A was loaned under the joint and several sureties of E and D as follows:

Serial 12,20,00,00 29,640,66341,840,663 E 2KAMCO (LG card) card No. 4,431,252 15,683 E 3KCOMCO (LG card) card No. 19,810,000 53,693,573,573,573 D, E 4 KMCO (T4 KMCO (TG card) 3,00,000,008,460,411,460,460,467,379,6379,747,639,747,637,747,947,544,245 KCOM (YG card) loan No. 12,537,71,67,637,716,79,747,67,747,637,747,7,747,47

B. The overdue interest rate related to each loan transaction was to be governed by creditor financial institutions.

The Plaintiff applied the agreed overdue interest rate at 17% per annum (15% per annum after January 1, 2017) by reducing the interest rate per annum.

C. The Plaintiff received the principal and interest claim from each financial institution, and notified the Defendant A of the assignment of the claim.

The plaintiff filed a lawsuit against the defendants on August 3, 2007 against the plaintiff and was sentenced to the plaintiff's winning judgment on August 3, 2007, and the judgment became final and conclusive on August 21, 2007.

Daejeon District Court 2006Kadan76443). D.

D The defendant A, B, and C died on June 29, 2015 and succeeded to D as their children.

The Defendants, on August 10, 2017, received a qualified acceptance judgment on D’s inheritance of property.

(No dispute over evidence for certification), Gap 1 through 5, Eul 1 and 2, and the purport of the whole pleadings (absent evidence for certification)

2. Accordingly, Defendant A is obligated to pay to the Plaintiff the principal amounting to KRW 134,791,79 of the principal amount and KRW 37,014,431 of the principal amount and KRW 15% per annum from May 24, 2017 to the date of full payment, and Defendant B and C, the heir of the joint and several liability network D, are jointly and severally with Defendant A within the scope of the property inherited from the network D, and to pay the principal amount of KRW 24,501,191 of the said amount and KRW 6,603,333 of the principal amount from May 24, 2017 to the date of full payment.

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