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(영문) 서울남부지방법원 2015.11.27 2015가합4635
양수금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 297,59,098 and KRW 106,173,196 among them, Defendant A shall be jointly and severally liable to the Plaintiff on August 10, 2015.

Reasons

1. Indication of claim;

A. On March 8, 199, 150,000 won was loaned to Defendant A, and on May 12, 2004, the above principal and interest interest claim was transferred to the Federation of Korea Community Credit Cooperatives. The Federation of Korea Community Credit Cooperatives transferred the above principal and interest claim to the Plaintiff on April 18, 2014.

On December 1, 2014, the South Korean Community Credit Cooperatives and the Korean Federation of Community Credit Cooperatives notified Defendant A of the assignment of each of the above assignment.

B. Defendant B jointly and severally guaranteed Defendant A’s above loan obligation.

C. As of November 28, 2014, the principal and interest of the loan amounting to KRW 297,59,098 (= Principal KRW 106,173,196). Thus, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, as claimed by the Plaintiff, from August 10, 2015 following the delivery date of the duplicate of the complaint, with respect to KRW 297,59,09,098, and KRW 106,173,196, among them, from August 21, 2015 following the delivery date of the duplicate of the complaint to the date of full payment.

2. Grounds for recognition;

1. Defendant A: Judgment made by the deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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