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(영문) 수원지방법원 2015.08.26 2015나5382
양수금 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant A entered into each loan transaction agreement with Han Bank Co., Ltd. (hereinafter “I Bank”), and received a loan pursuant thereto (hereinafter the following loans are specified by the sequence below), Defendant C set the guarantee limit amount as KRW 12,00,000, and the joint and several surety for each of the following obligations:

On February 6, 2004, 19% per annum of 40,000,000 household ordinary loan loans on February 6, 2004, and 19% per annum of 19,000,000 on May 23, 2005, 2005, 19% per annum of 10,000,000 company working capital on May 23, 2008, but on March 22, 2006, 19% per annum of 10,000,000 per annum of 10,000,000 on March 22, 2006 (Extension to March 22, 2008).

Since then, Defendant A lost the interest on each of the above loans due to delinquency, and on April 14, 2008, Han Bank applied for a voluntary auction on real estate owned by Defendant A and received a decision to commence auction (Seoul Southern District Court D).

C. On June 27, 2008, when the above auction procedure was in progress, the Han Bank transferred each of the above claims to the Plaintiff. Around that time, notified Defendant A of the assignment of claims.

On May 14, 2009, the above auction court prepared a distribution schedule with the content that distributing KRW 87,00,000 to the plaintiff. In the above auction procedure, the plaintiff received dividends of KRW 89,548,062 including interest on the above dividends, and appropriated them for auction expenses, interest on each of the above loans and delay damages, and principal of each of the above loans. Ultimately, each of the above loans remains 12,928,148 won including principal of the loans of KRW 8,200,000 and principal of the loans of KRW 3 of this case and principal of KRW 4,728,148.

E. As of April 15, 2014, the Plaintiff’s claim against the Defendants is as indicated below.

The loan principal and interest on the loan date and damages for delay are added to the loan No. 1 of this case No. 8,200,000 won 7,606,453 won 15,806,453 won No. 3 of this case on February 6, 2004.

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