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(영문) 부산지방법원동부지원 2017.08.10 2016가단213659
양수금
Text

1. The Plaintiff:

A. As to Defendant A and B, jointly and severally KRW 124,254,782 and KRW 29,504,341 among them, and KRW 29,504,341.

Reasons

1. Facts of recognition;

A. Hyundai Capital Co., Ltd. concluded a loan agreement with Defendant A on July 4, 2001, and lent KRW 318 million to Defendant B, and Defendant B and network E were jointly and severally guaranteed.

B. The Plaintiff, around April 2015, shall be entitled to the Plaintiff’s loan agreement from the Spanman Capital.

The claim stated in the port was acquired, and the No.S. L. L.S. L. L. L.C. notified the transfer of the claim.

C. The remaining amount of credit as of October 3, 2016 is KRW 29,504,341 per annum and KRW 94,723,461 per annum with an agreement of 24% per annum.

The joint and several sureties died on April 25, 2010, and the defendant C and D, who are children, inherited to 1/2 shares.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, purport of the whole pleadings

2. According to the above facts of determination, Defendant A and B are jointly and severally liable to pay to the Plaintiff the sum of the remaining principal and interest of KRW 124,254,782 and KRW 29,504,341 among them; Defendant C and D jointly and severally with Defendant A and B each of the above amount of KRW 62,127,390 based on inheritance shares; and KRW 14,752,170 based on each of the above amounts of KRW 1/27,390, and damages for delay at the rate of KRW 24% per annum from October 4, 2016 to the date of full payment.

Defendant C and D are expected to apply for approval of inheritance fixed time, but they do not make a separate judgment because they did not submit any assertion or evidentiary materials even before the date of the closing of the argument in this case.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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