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(영문) 서울중앙지방법원 2019.01.11 2016나72305
양수금
Text

1. Of the judgment of the court of first instance, the part against Defendant B, Appointed D, E, and F and the Defendant C among the judgment of first instance.

Reasons

1. Basic facts

A. On June 11, 1999, G Co., Ltd. (hereinafter “G”) granted a loan of KRW 5,000,000 to Defendant B (Appointed; hereinafter “Defendant”) by setting the due date as June 11, 200. On the same day, H provided a joint and several surety for the above loan obligations against Defendant B.

B. On June 17, 200, G entered into an agreement with Defendant B on the change of credit terms and conditions with the effect that the credit limit of the above loan was KRW 4,99,14, and the due date was changed to December 11, 200. On the same day, H provided joint and several surety for the above loan obligations against Defendant B.

C. On October 20, 2005, Defendant B filed a suit for performance recommendation with Defendant B and H to the Seoul Central District Court (2005 Ghana2017578) on October 21, 2005, on the ground that Defendant B delayed the repayment of the above loan obligation, and the above court rendered a decision of performance recommendation with the purport that “the Defendant jointly and severally served on Defendant B and H on October 27, 2005 the amount calculated at the rate of 19% per annum from September 24, 2005 to the delivery date of a copy of the complaint, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment,” and that the decision was served on Defendant B and H on October 27, 2005 and confirmed as November 11, 2005.

On the other hand, H married with the designated person D on June 21, 1952, and had the selected person E, the Defendant B, the designated person F, and the Defendant C as his child, and died on April 6, 201.

E. On June 28, 2013, G transferred the above claim against Defendant B and the deceased H to the Plaintiff. On June 23, 2014, the Plaintiff was delegated with the power to notify the assignment of claims from G and notified the Defendant B of the assignment of claims by content-certified mail.

F. As of November 1, 2015, the amount of credit against Defendant B calculated by the Plaintiff as of November 1, 2015 is KRW 18,675,612 in total of KRW 4,986,977 and interest KRW 13,68,635 and interest on the loan principal. The interest rate for delay applied by the Plaintiff in accordance with the Credit Counseling and Recovery Fund Management Regulations is 17% per annum.

G. Meanwhile, Defendant C on January 2016.

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