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(영문) 서울중앙지방법원 2021.01.15 2020가단5076674
양수금
Text

1. The Plaintiff:

A. Defendant B’s Housing Redevelopment Cooperatives, I, J, K, L, M, and N jointly and severally 842,306,219 won and one of them 149,75.

Reasons

1. Facts of recognition;

A. On June 12, 2001, P and Defendant I, J, K, L, M, and N agreed to grant loans of KRW 410 million to Defendant B’s Housing Redevelopment Association (hereinafter “Defendant Union”) at the rate of KRW 21% per annum on June 12, 2002, and the delayed interest rate of KRW 21% per annum. The joint and several obligations of P and Defendant I, J, K, L, M, and N are guaranteed.

B. On April 12, 2005, the above bank filed a lawsuit against the defendant union, etc. seeking the payment of the above loan principal, and was sentenced to a favorable judgment on April 12, 2005, which became final and conclusive around May 21, 2005 (Seoul District Court Branch Branch of 2004 Ghana 19263).

Pursuant to the decision of the Financial Services Commission (FSC) on the transfer of contracts (Article 14(2) of the Act on the Structural Improvement of the Financial Industry), the Plaintiff (PBC Co., Ltd.) succeeded to the rights and obligations under the above loan contract of the above bank on December 21, 2007, and the Plaintiff and the above bank publicly announced the transfer of the above contract pursuant to Article 14-2(2) of the above Act.

(d)

Since then, the above loan doctrine was partially repaid, and the balance is KRW 842,306,219 as of March 25, 2013 (i.e., KRW 149,975,840, interest on delayed payment of KRW 692,330,379).

E. On January 12, 2006, L/C, Defendant D, E, F, G, and H jointly inherited the property of the wife and their children. On May 9, 2006, R, C, Defendant D, Defendant D, F, G, and H were subject to the adjudication on June 16, 2006 (Seoul District Court Port Branching 2006 was 156 dated May 12, 2020), and Defendant E was subject to the adjudication on June 30, 202 (Seoul District Court Branching the 2020 N/C branching the Daegu District Court Branching the 2020 S/C branching the 149). On July 30, 2009, R died of his/her children and continued to inherit the property of this case on July 26, 2009, and C’s joint inheritance.

[Ground of recognition] The defendant union, J, L, M, and N: deemed confession (Article 150 of the Civil Procedure Act) other Defendants: The non-contentious facts, Gap evidence Nos. 1 through 6-5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

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