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(영문) 부산지방법원 2015.01.21 2014가합41554
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 1,281,813,777 and KRW 287,01,065 among them, starting from December 4, 2013.

Reasons

1. Basic facts

A. Defendant A entered into a loan agreement with the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), and borrowed money. Defendant B, C, D, and the net L, as indicated in the separate sheet No. 1, limited collateral guarantee for Defendant A’s debt to Defendant A’s National Bank up to KRW 120,000,000, limited collateral guarantee for Defendant C to the extent of joint and several surety or limited collateral guarantee, and limited collateral guarantee for Defendant D up to KRW 100,00,000.

B.

Defendant A lost the benefit of time due to the failure to pay the principal and interest of the loan to the National Bank within the due date.

As of December 3, 2013, the details of the principal, interest, and delay damages of Defendant A as of December 3, 2013 are as shown in attached Table 1, and the agreed delay damages rate after December 3, 2013 is 19% per annum.

C. On September 30, 1998, the Plaintiff acquired all of the claims held by the national bank against the Defendant under Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and Article 4(1) of the Enforcement Decree of the same Act. The national bank notified the Defendant A of the assignment of claims on November 9, 1998.

On the other hand, the deceased on January 5, 2006, and there was Defendant E, F, G, H, I, and the deceased on January 5, 2006, who was the inheritor at the time of the deceased L. However, Defendant F, G, H, I and the deceased J applied for the qualified acceptance of inheritance of the deceased L. On March 15, 2006, the Ulsan District Court accepted the above application for the approval of inheritance of the deceased on April 11, 2006.

After that, the deceased J died on September 24, 2008, and the deceased spouse N, childO, and P, who are the inheritor, were the successors of Defendant E, F, G, H, and I, who are the self-employed parties of the deceased J, as they renounced their inheritance.

[인정근거] ◎ 피고 A, E, F, G, H, I에 대하여: 다툼 없는 사실, 갑 제1 내지 3호증(각 가지번호 포함), 이 법원에 현저한 사실, 변론 전체의 취지 ◎ 피고 B, C, D에 대하여: 민사소송법 제150조 제3항, 제1항(자백간주)

2. The cause of the action.

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