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(영문) 서울중앙지방법원 2017.05.11 2016가단5229488
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 82,030,441 and KRW 22,174,426 from February 23, 2016 to the date of full payment.

Reasons

1. Common factual relations;

A. On October 5, 2001, Defendant A received loans from ELD Card Co., Ltd. with a redemption period of KRW 18.7 million per annum, interest rate of KRW 60 months, 19% per annum, and 26% per annum, but with a equal repayment method of principal and interest, Defendant A and the net C jointly guaranteed the above debt.

B. On September 25, 2000, Defendant A subscribed to Samsung Capital Co., Ltd. and Ahnlon’s members, and used the loans with Anlon’s card issued.

C. On June 30, 2003, Samsung Capital Co., Ltd. transferred each of the above claims to the Korea Asset Management Corporation on April 30, 2003, and notified Defendant A and the Deceased. On May 13, 2005, the Korea Asset Management Corporation transferred the above claims to the Plaintiff, and notified the Defendant A and the Deceased of the transfer.

Since then, the plaintiff filed a lawsuit against the defendant A and the deceased on January 24, 2006 by the Jeonju District Court 2005Ga3141, and filed a lawsuit against the plaintiff and the deceased on January 24, 2006, and the defendant A paid 26,628,507 won and 16,69,436 won from June 1, 2003 to June 1, 2003, and the network C received 18,539,067 won out of the above amount and 16,69,436 won from June 1, 2003 to January 3, 2006, and 200% of the annual interest rate of 16,69,320 won from June 1, 2003 to the date of full payment, and the above judgment became final and conclusive.

E. As of February 22, 2016, each of the above claims is as listed below:

F. On January 1, 2010, the deceased on January 1, 2010, the Defendants, their children, jointly inherited property in proportion to each of their shares of inheritance 1/2, and the specific inheritance amount is as listed below:

A 【Ground of Recognition】 Fact that there is no dispute between the plaintiff and the defendant B, Gap evidence Nos. 1 through 7 (including Serial number), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against the defendant A, the defendant A is each of the above facts.

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