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(영문) 서울중앙지방법원 2015.11.20 2014가합581740
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 693,761,420 and KRW 147,959,389 among them:

B. Defendant B is Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person in charge of the preservation and collection of non-performing loans to financial institutions, and is a company acquiring claims against the Defendants from the new bank (hereinafter “new bank”), the new bank, and the National Bank (hereinafter “National Bank”).

B. Defendant A received a loan from a new bank and a national bank, and Defendant B and the network jointly and severally guaranteed Defendant A’s loan obligations. Defendant A agreed upon, at the time of the agreement on each of the above loans, to lose the benefit of time and to bear damages for delay if the payment of the principal and interest was delayed. After Defendant A’s failure to pay the principal and interest of loan, etc., Defendant A lost the benefit of time. The current status of the outstanding principal and interest of loan as of October 6, 2014 is as listed below.

(The following is the sum of interest accrued under a loan agreement between a new bank and a national bank and 17% interest at the rate of 17% per annum from the date of loss of the interest accrued and the due date due to the loan agreement between the new bank and the national bank until October 6, 2014. The transfer agency’s name of the principal debtor plus the amount of interest accrued at the rate of 17% per annum from October 6, 2014. Defendant A97,959, 461, 467, 461, and 466, Defendant B Network D Bill loan Defendant A49,99,900, 300,07429,29, 299, 974, and other driving funds

C. Pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and the Asset-Backed Securitization Act, the new bank and the Korean National Bank transferred all of the loans to the Defendants to the Plaintiff, and notified the Defendants thereof.

On August 30, 2014, the network D, a joint and several surety for Defendant A’s new bank loan obligations, died on August 30, 2014. The deceased’s co-inheritors were the Defendant C, Nonparty E, a child, and F, but the said E and F, a child, were the Government District Court 2014Mo2313 on February 16, 2015.

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