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(영문) 서울남부지방법원 2018.06.05 2018가단202464
양수금
Text

1. The Plaintiff:

A. Defendant A: 71,485,805 won and its related amount from August 12, 2005:

(b) is inherited from the net C;

Reasons

1. Basic facts

A. On October 26, 1994, the network C was merged with the Han-dong Mutual Savings and Finance Company (Saeong Credit Depository Co., Ltd. on May 10, 2000, changed to the Han-dong Mutual Savings and Finance Company on March 23, 2002) and borrowed KRW 315 million from the loan period at the rate of KRW 26,000,000 per annum 17% per annum, and the delayed interest rate of KRW 20% (hereinafter “instant loan”), and the Defendant A jointly and severally guaranteed the instant loan obligation.

B. On or before August 11, 2005, the network C lost the benefit of time due to delinquency in the payment of the instant loan obligation. As of January 26, 2018, the instant loan obligation remains 371,078,102 won (i.e., the principal amount of KRW 71,485,805, the interest amount of KRW 299,592,297).

C. The instant loan claims were transferred to Solomon Savings Bank in accordance with the "Basic Agreement on the Acquisition of Korea-Malomon Savings Bank" concluded on June 24, 2005 by the Korea Deposit Insurance Corporation, the Korea Deposit Insurance Corporation, the Solomon Mutual Savings Bank, the Solomon Credit Information Company, the Solomon Credit Information Company, and the Reorganization Finance Corporation. On August 11, 2005, the instant loan claims were transferred to the Plaintiff (solomon M&C corporation). The Korea-Malomon Mutual Savings Bank notified the deceased on October 10, 2005 of the transfer of each of the above credit claims.

The deceased on September 23, 1998, and the deceased on September 23, 1998, and the deceased on his spouse D and his children (the appointed party, hereinafter referred to as the “Defendant”), B, E, F, and G were named as the property inheritor, but the Defendant B and the appointed parties reported the inheritance approval under the Busan District Court’s Dong Branch Branch 98Do819 through 823 on December 23, 1998, and was tried to accept it from the above court on December 26, 1998.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The defendant A with the indication of one claim against the defendant A is a joint and several surety for the loan obligation of this case, and is the transferee of the loan claim of this case.

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