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(영문) 서울중앙지방법원 2015.10.07 2015가단5164362
양수금
Text

1. The Plaintiff within the scope of the property inherited from the network D:

A. Defendant A: 58,378,866 won and its 15,633.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) D is a savings bank organized on February 9, 2007 by collecting a stock company on February 9, 2007 (hereinafter “over-the-counter bank”).

(2) On March 30, 201, after having lost the benefit of time, the non-party bank transferred each of the above loans to the Plaintiff on March 30, 201, and notified D of the transfer of the credit at that time.

3) As of May 25, 2015, the principal and interest of each of the above loans as of May 25, 2015 are as follows. D (i) The rate of delay damages determined by the Plaintiff pursuant to the terms and conditions of credit transaction is 25% per annum; ii) died on August 14, 2014; and (iii) Defendant B and C, the wife of which and his/her wife, are the wife of Defendant A and his/her dependants

The Defendants filed a declaration of qualified acceptance with the Seoul Family Court 2014Ra1382.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

B. Within the scope of the property inherited from the network D, Defendant A is obligated to pay damages for delay calculated at the rate of 25% per annum from May 26, 2015 to the agreed rate of 38,919,24 (=136,217,35 won x 3/75 won x 3/7, and 3/75 won) and 15,63,726 won (=36,478,696 won x 3/7). Defendant B and C are obligated to pay damages for delay calculated at the rate of 25% per annum from May 26, 2015 to the date of full payment.

2. The plaintiff's claim against the defendants is justified, and all of them are accepted.

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