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(영문) 부산지방법원 동부지원 2018.05.02 2017가단208449
양수금
Text

1. The Plaintiff:

A. As to KRW 149,845,743 and KRW 59,913,093 among them:

B. Defendant B and Defendant C are each 99.

Reasons

1. Determination as to the claim against Defendant A

A. Small and Medium Business Corporation (hereinafter “Small & Medium Business Corporation”)

on October 13, 2003, the network D (hereinafter “the network”) shall be referred to as “the network”).

By October 5, 2006, the loan period of KRW 200 million was set at 3% per annum, interest rate of delay interest rate of KRW 12% per annum, and 12% per annum. 2) The Non-party Corporation terminated the loan agreement on September 8, 2006 and applied for a payment order against the deceased as Seoul Southern District Court Decision 2007 tea642 against the deceased to seek payment of the above principal and interest of the loan. The above court decided on April 18, 2007 on April 18, 2007 as the "the deceased's creditor (foreign Corporation) 205,322,230 won and 178,470,250 won from April 2, 2007 to the delivery date of the authentic copy of the payment order, and on April 2, 200 to the delivery date of the authentic copy of the payment order, the above payment order was finalized by 12% per annum from the next day to the delivery date of the original payment order.

3) On December 9, 2016, Nonparty 4 transferred all the principal and interest of the loans to the Plaintiff, and notified the transfer thereof around that time. 4) The loan claims against the Plaintiff acquired by the Plaintiff were to be KRW 139,797,231, and KRW 209,841,836, total amount of KRW 349,640,067, based on March 23, 2017.

5) Meanwhile, as the Deceased died on June 27, 2014, Defendant A, his spouse, inherited 3/7 of the deceased’s property, Defendant B, and Defendant C inherited at the ratio of 2/7 of each of the two-thirds of the deceased’s property. [Grounds for Recognition] There is no dispute, and Party A’s evidence Nos. 1 through 10 (including the number of each branch number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. According to the above facts of recognition, Defendant A, co-inheritors of the deceased, is obligated to pay damages for delay calculated at the rate of 20% per annum from March 23, 2017 to the day of full payment to the Plaintiff who acquired the loan claims against the deceased (i.e., KRW 349,640,067 x 3/7) and KRW 59,913,093 (i.e., KRW 139,797,231 x 3/7).

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