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(영문) 서울중앙지방법원 2016.06.16 2015가단5336419
양수금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 51,43,894 and KRW 31,185,421 among them:

B. Defendant C and D are the same.

Reasons

1. Facts of recognition;

A. Defendant A entered into a loan transaction agreement with Bosung Credit Union on November 25, 2005, and obtained a loan of KRW 15,000,000 (the agreed interest rate of KRW 8.9% per annum, and the agreed delay interest rate of KRW 17% per annum). Defendant B guaranteed Defendant A’s obligation under the above agreement.

In addition, Defendant A received 10,000 won (the agreed interest rate of 13.4% per annum, the agreed delay rate of 18.5% per annum), and 10,000,000 won on March 8, 2002 (the agreed interest rate of 12.05% per annum, and the agreed delay rate of 18.5% per annum) from Jeonnam Agricultural Co., Ltd. respectively, and Defendant B and Dong E jointly guaranteed each of the above loan obligations of Defendant A.

B. On June 21, 2013, the Plaintiff acquired all of the above loan claims against Defendant A from Bosung AFFFF and Jeonsung NFFF, and notified Defendant A of the fact of the assignment of each of the above claims upon delegation by each transferor.

C. Details, joint and several sureties, and each loan balance and interest accrued therefrom calculated based on October 12, 2015 are as listed in the following table.

B B B E

D. The deceased on October 7, 2006, the deceased on October 7, 2006, and the heir was the Defendant A, Defendant C, Defendant D, F, G, and H, who were their children. However, the heir renounced the inheritance of F, G, and H to the network E, and eventually, Defendant A, C, and D inherited the network E as the inheritance shares of 1/3.

On the other hand, the defendant C and the defendant D reported the inheritance approval of the network E at each Gwangju District Court's net support, and received the report.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 2-1 to 3, Gap evidence 3 through 6, Gap evidence 7-1 to 5, and the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff ① defendant A who is the principal debtor and the above 1.C.

B, which is a joint and several surety of all the obligations listed in the table Nos. 1 through 3, is jointly and severally 51,43,894 won and principal 31,185,421 won among them, and ② The defendant C and the defendant D are joint and several surety of the debt Nos. 2 and 3 of the same table.

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