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(영문) 서울중앙지방법원 2014.12.18 2014가단5177361
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 71,987,847 and KRW 30,000 among them, from June 13, 2014.

Reasons

1. Facts of recognition;

A. When entering into a loan agreement and credit card transaction agreement with financial institutions as listed below, Defendant A agreed to pay the principal and interest of loan and part of the credit card use amount, if the repayment is not made within the due date, or if the interest is in arrears or disposition of suspension of transaction by a clearing house, it shall lose the due date, and if the due date has been lost, Defendant A agreed to pay damages for delay calculated according to the interest rate set by the above financial institutions from the date the balance of loan and the due date

The joint and several surety of the lending date of the lending date of a financial institution, and the remaining balance of the Hyundai Agricultural Cooperative Co., Ltd. 1 (Seoul District Co., Ltd.) 2, D 20,000,000 won 32,109,409,209 won 10,000,000 won 9,878,438 won 30,000,000 won 41,987,847 won 71,987,847 won 71,847,847 won, but Defendant A lost the benefit of the lending due to failure to pay the principal and interest, etc. on the loan date. However, Defendant A lost the benefit of the lending date due to the failure to pay the interest and interest, etc. in accordance with the agreement of the financial institution to June 12, 2014 and the interest and interest rate of the Plaintiff’s interest accrued from the date of loss of the benefit of the lending date.

B. Defendant B and D, according to the above agreement, jointly and severally guaranteed all obligations owed by Defendant A to the Nonghyup Agricultural Co., Ltd., as listed in the No. 1 of the above table.

C. The Plaintiff acquired all of the above claims against Defendant A from the above financial institution, and received delegation of the authority to notify the transfer from the above financial institution, and notified Defendant A of the transfer of the claim.

On the other hand, D died on January 26, 2013 and jointly succeeded to the network D by Defendant C, E, and F, his spouse.

E and F reported on February 27, 2013 to the Cheongju District Court 2013-Ma217, which renounced the deceased D’s inheritance, and received an adjudication from the above court on June 14, 2013. Defendant C received the above report, and Defendant C received February 27, 2013.

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