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(영문) 서울중앙지방법원 2016.02.16 2015가단5218429
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,537,510 and KRW 27,264,456, out of their money.

Reasons

1. Facts of recognition;

A. A. A around March 31, 1999, Defendant A borrowed KRW 30,000,000 from the Heung Credit Cooperative under the joint and several sureties of Defendant B (hereinafter “instant loan”).

B. Since then, the principal and interest claim of this case were assigned in succession to the Reorganization Financial Corporation, the Yangyang Mutual Savings Bank, the Solomon Mutual Savings Bank, and each of the above assignment notification reached Defendant A.

C. Meanwhile, as of October 7, 2014, the amount of the principal and interest of this case as of October 7, 2014 is KRW 73,273,054, including principal and interest, KRW 27,264,456, interest and overdue interest, and KRW 100,537,510.

Meanwhile, on April 30, 2013, Solomon Mutual Savings Bank, a final transferee of the principal and interest claim of this case, was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as a trustee in bankruptcy.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 3, and the purport of whole pleadings】

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff, the final transferee of the principal and interest of this case, KRW 100,537,510, and KRW 27,264,456, which is the date following the base date for calculating the principal and interest of the loan, 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 8, 2014 to September 30, 2015, and delay damages calculated at 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date.

3. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting all the claims.

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