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(영문) 광주지방법원 2016.09.22 2016가합52717
양수금
Text

1. The Plaintiff:

A. Defendant A, within the scope of the property inherited from the deceased H, shall not exceed 373,530,624 and either of them shall be deemed as having been inherited by the deceased H.

Reasons

1. Basic facts

A. On July 12, 2002, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) entered into a loan contract and joint and several sureties Co., Ltd. (hereinafter “Korea Bank”) with Nonparty H on July 12, 2002, the credit subject is a company’s general loan, the credit amount is 690,000,000 won, and the interest rate for delay is 19% per annum’s credit transaction agreement (hereinafter “instant loan 1”), credit subject, and the interest rate for delay is as above. The credit amount is 60,000,000 credit transaction agreement (hereinafter “instant loan 2”) and two credit transaction agreements (hereinafter “the instant loan”). Defendant E provided a joint and several surety obligation of Nonparty H under the instant loan 2 with respect to Non-Party Bank on the same day within the limit of KRW 78,00,000,000.

B. On June 29, 2004, in accordance with Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, Non-Party H lost profits by failing to repay the loans under each of the instant loans, and Non-Party H transferred all of the loans under each of the instant loans to the Plaintiff, and notified Non-Party H and Defendant E of the transfer on July 8, 2004.

C. The plaintiff filed a lawsuit and the final and conclusive judgment against the non-party Ha and the defendant E filed a lawsuit seeking the payment of loans under each of the loans of this case that were acquired as above by the Gwangju District Court 2006Gahap915. On April 4, 2006, the above court paid 19% interest per annum from January 13, 2004 to the day of full payment of 473,143,733 won and from January 13, 2004 to the day of full payment. Defendant E shall jointly and severally pay 78,000,370 won with the non-party Ha within the limit of 529,58,624,953 won (the remaining principal of the loans of this case No. 2) and from January 13, 2004 to the day of full payment of 19% interest per annum from January 13, 2004.

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