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(영문) 서울중앙지방법원 2016.05.12 2016가단4165
양수금
Text

1. The Plaintiff:

A. Defendant A from January 31, 2004 for KRW 20,936,328 and KRW 14,00,00 among them

B. The Defendants are the defendants.

Reasons

1. Facts of recognition;

A. The Macam Credit Union (hereinafter “Macam Credit Union”) granted a loan to the Defendant A at the rate of KRW 126,10,000 on June 7, 199 on December 7, 199; the rate of 14% per annum; and the rate of delay interest of KRW 22% per annum (hereinafter “the loan”); ② June 30,000,000 on June 7, 199; and ② granted a loan at the rate of 25% per annum on June 7, 2000; and

(hereinafter referred to as “second loan”). (b)

Defendant B provided a joint and several surety for the loan obligations.

C. On March 17, 2004, the Plaintiff entered into a loan acquisition agreement between the trustee in bankruptcy and the Defendants, ①, ② the loan acquisition agreement between the trustee in bankruptcy and the trustee in bankruptcy for the service of the service of the service of the service of the service,

4. 19. The Defendants notified the Defendants of the assignment of claims.

The Plaintiff filed a lawsuit against the Defendants on August 25, 2005 against the Seoul Central District Court 2004Gahap69982, and filed the said lawsuit against the Defendants, “the Plaintiff” from the said court:

A. Defendant A shall pay 395,439,427 won and 251,701,044 won among them at the rate of 25% per annum from February 1, 2004 to the date of full payment;

B. Defendant B is jointly and severally with Defendant A.

Of the money stated in paragraph (1), 63,896,147 won and 30,000,000 won among them were sentenced to a judgment of 25% interest per annum from February 1, 2004 to the date of full payment.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the facts established in the judgment on the plaintiff's cause of claim, as the plaintiff seeks, the defendant A with respect to the loan 61.6% of the total of 20,936,328 won of the remaining principal and interest interest of 14 million won and interest of 6,936,328 won of the total of 20,936,328 won of the remainder of the debt and interest of 14 million won of the principal from February 1, 2004 to the date of full payment, and 2. The defendant A with respect to the loan 61.6% of the total of 10 million won of the remainder of the debt and interest of 51,074,216 won.

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