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(영문) 서울중앙지방법원 2018.09.06 2017가단92886
양수금(시효연장) 청구의 소
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: 230,117,250 won and 100,000,000 won among them:

B. Defendant C.

Reasons

1. Facts of recognition;

A. On July 30, 2010, Aju Capital Co., Ltd. (hereinafter “Defendant Company”) carried out a loan to Defendant A Co., Ltd. (hereinafter “Defendant Company”), as listed in the following table, and Nonparty E jointly and severally guaranteed the Defendant Company’s obligation to pay the principal and interest of the loan.

(2) On July 30, 2010, 24% E 205,400,000 annually on July 30, 2010, 2010, the guarantee ceiling of 158,000,000 joint and several sureties for the overdue interest rate on the loan date. The loan amount No. 158,400,000 annually on July 30, 2010, shall be 24% E 205,40,400,000 annually on July 30, 2010.

B. On April 1, 2013, a Onnuri Holdings Asset Loan Co., Ltd. transferred the instant loan claims to the Onnuri Holdings Asset Loan Co., Ltd., and on August 5, 2013, a Onnuri Holdings Asset Loan Co., Ltd. transferred the instant loan claims to the Jeju Venture Holdings Asset Loan Co., Ltd., and on March 31, 2016, a Jeju Venture Holdings Asset Loan Co., Ltd transferred the instant loan claims to the Plaintiff.

C. The current status of loans of this case as of October 26, 2017, as indicated below, is as follows:

107,054,534 Won 142,309,150 Won 249,363,684 Won 2107,195,239 Won 136,462,802 Won 243,658,041 Won 214,249,773 Won 278,771,952 Won 493,021,721,725 won in total, total of the principal interest and interest interest in the balance of principal over the loan net

D. A joint and several sureties died on May 3, 201, and Defendant C and D, a child, were co-inheritors, and the inheritance shares are 1/2, respectively.

E. Defendant C and D obtained the inheritance limited approval on July 7, 201 in the case of the Incheon District Court 201D's 201 D's 1166 inheritance limited approval.

[Ground for Recognition: Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1]

2. Determination

A. The Plaintiff filed a partial claim concerning the instant loan claim as follows.

Accordingly, 113,651, 52525,525,525, 2300, 230,000, 230,525, 249,363,684 107,054,534, 116,465,728 50,000, 2243,658,041,107,195,239 46.64% of the principal and interest of the total amount of the loan net loan No. 1249,363,684 107,250,250,000,000, for the total amount of the principal and interest.

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