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(영문) 창원지방법원 2015.07.08 2014가합32205
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 537,466,150 and KRW 30,000 among them, from March 19, 2014.

Reasons

1. Facts of recognition;

A. Defendant A borrowed a total of KRW 230 million on May 19, 1997, and KRW 30 million on July 29, 1997, from the Busan Bank Co., Ltd. (hereinafter “ Busan Bank”), and Defendant B and the network D jointly and severally guaranteed Defendant A’s obligations for loans of KRW 30 million on the Busan Bank.

B. On September 29, 1998, the Busan Bank notified the Defendants and D of the transfer of each of the above loans to the Plaintiff on September 29, 1998. The above notification reached the Defendants and D.

C. On July 21, 2004, the Plaintiff filed a lawsuit against Defendant A, B, and D seeking the payment of each of the above loans with the court below 2004Ga6347, and rendered a judgment on July 21, 2004, “The Plaintiff shall be 190,39,420 won, Defendant A shall be 19% per annum from February 3, 1999 to the date of full payment, 8,053,122 won per annum from May 30, 199 to the date of full payment, and Defendant B and D shall be 190,39,075,067 won, and 30,000,000 won among them shall be 30,000,000 won per annum from May 30, 199 to the date of full payment; and Defendant B and D shall be 30,000,000 won per annum from February 19, 199.”

The principal and interest of a loan not paid by a defendant A, B, or D as of March 18, 2014 shall be as follows:

E. On the other hand, D died on June 8, 2008, and his spouse as the Appointed E, and as his child, the Defendant (Appointed Party; hereinafter “Defendant”) C, Appointed F, G, and Nonparty H and I were children.

F. Defendant C, Selection E, F, and G filed a qualified acceptance report with the court on August 25, 2008 and accepted the report on September 9, 2008, and H and I accepted the report on the renunciation of inheritance on September 5, 2008. The report was accepted on September 29, 2008.

【Defendant A, C: A without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, the whole purport of the pleadings, defendant B: Article 150(3) of the Civil Procedure Act of deemed confession.

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