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(영문) 서울중앙지방법원 2015.03.27 2014가단5030387
양수금
Text

1. As to KRW 39,646,463 and KRW 31,001,932 among the Plaintiff, Defendant A shall be the year from February 5, 2014 to the day of full payment.

Reasons

1. A cited part;

A. Recognizing the facts of recognition, the Plaintiff did not transfer 504,120 312,305 816,425 13,615,715 2,719,693 635,208 16,335,793,924 10,976,976,2221 3,600,694,694 3,600,701,701,7040,7045,7045,7040,701,7045,7045, 71,515 2,79361,464, 204, 204, 306, 204, 3614, 306, 204, 306, 164, 306, 204, 3164, 2016.

3) Meanwhile, the Plaintiff’s agreed interest rate for delay currently applicable to the respective balance of the loan is 17% per annum. B. Decision by service by public notice on the basis of recognition (Article 208(3)3 of the Civil Procedure Act)

2. The Plaintiff asserts that, as Defendant A received a general loan from Chuncheon Credit Union under Defendant B’s joint and several sureties, and the Plaintiff acquired the above principal and interest of loan from the above Credit Union, the Defendants jointly and severally are liable to pay to the Plaintiff the sum of the principal and interest of the loan of KRW 34,828,307 and damages for delay of KRW 31,165,317.

However, it is not sufficient to acknowledge the fact that Defendant A received a general loan from Chuncheon Credit Union, and Defendant B guaranteed the joint and several sureties solely with the statement of evidence Nos. 1, 4, and 5, and there is no other evidence to acknowledge it.

3. Accordingly, the Plaintiff’s claim against Defendant A is accepted within the scope of the above recognition, and the Plaintiff’s remaining claim against Defendant A and the Defendant B.

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