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(영문) 서울중앙지방법원 2017.11.15 2015가합521110
양수금
Text

1. The Plaintiff:

A. Defendant B shall pay full amounts of KRW 475,706,762 and KRW 389,783,523 among them, from March 19, 2015.

Reasons

Facts of recognition

On January 28, 2011, the National Bank of Korea (hereinafter “National Bank”) set the rate of KRW 2.5 billion on January 27, 2012, 201; interest rate of KRW 4.13% based on interest rate; interest rate of KRW 2.13% per annum; and interest rate of KRW 1 billion on July 27, 2014; interest rate of KRW 2.5 billion and interest rate of KRW 2.5 billion were set and lent as loans.

At the time, Nonparty C (hereinafter “the deceased”) guaranteed the above 2.5 billion won as to the above 2.5 billion won, and the above 1.3 billion won as to the above 1 billion won, respectively, jointly and severally guaranteed the above 1.3 billion won.

On December 4, 2012, which was concluded between the non-party joint asset management company and the non-party joint asset management company, the National Bank transferred to the plaintiff all the rights and obligations of the national bank to the principal debtor and the deceased according to the transfer and takeover contract between the non-party joint asset acquisition agreement and the national bank, the national bank, the joint asset management company, and the plaintiff on December 28, 2012. The national bank notified the principal debtor and the deceased of the transfer on December 31, 2012 and January 2, 2013.

Around October 12, 2012, the National Bank applied for the auction of real estate rent to E, F, G land and buildings on the nine-story ground owned by the principal debtor, as the principal debtor and the deceased did not repay their debts, the National Bank applied for the auction of real estate rent to Switzerland District Court Gangseo branch branch of the Chuncheon District Court. In the above auction procedure, the Plaintiff applied for the dividend of the principal amount on December 26, 2013 as the transferee of the bonds, and appropriated the amount of KRW 3,343,251,749 out of the total amount of KRW 872,80,796 among the total amount of damages, and the amount of KRW 3,250,00,000 among the total amount of the bonds at the auction procedure.

The rate of delay damages from the above time to the date of the closing of argument is 18% per annum.

On July 24, 2012, the deceased died on July 24, 2012, his family relationship is as shown in the attached Form. The Seoul Family Court 2012J, K, L, and one of the successors of the same rank, who is the senior heir, was the Seoul Family Court 2012J, 8608.

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