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Reasons
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(영문) 서울중앙지방법원 2016.11.04 2016가단5003457
양수금
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1. The Plaintiff:

A. Defendant A shall complete payment of KRW 98,170,041 and KRW 32,00,000 among them from December 14, 2015.

Reasons

1. Facts of recognition;

A. On December 31, 2003, Defendant A loaned 32,000,000 won from the Nam-gun Fisheries Cooperatives of the Republic of Korea with a interest rate of 11% per annum and the due date of repayment until November 30, 2005. Defendant B and Nonparty G jointly guaranteed the above loan obligations within the limit of 42,00,000 won per annum.

B. Defendant A lost the benefit of time due to the delinquency in payment of the instant loan obligation. The loan obligation of this case remaining as of December 13, 2015 reaches KRW 32,00,000, interest rate of KRW 66,170,041, totaling KRW 98,170,041.

C. On June 28, 2013, the Maritime Cooperatives transferred the claim for the instant loan to the Plaintiff. On January 5, 2016, the Plaintiff notified the Defendant A of the transfer of the said claim.

G died on September 23, 2013, and accordingly, Defendant C, E, F, and Defendant D, their children, respectively, jointly inherited their property at the ratio of 2/11 shares, respectively.

E. The interest rate on arrears determined by the Plaintiff is 17% per annum.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings]

2. Determination

A. According to the above facts, Defendant A, as a principal obligor, is obligated to pay the Plaintiff the interest rate of KRW 98,170,041 of this case and the interest of KRW 32,00,000 from December 14, 2015 to the date of full payment. Defendant B, as a joint guarantor, is jointly and severally liable with Defendant A to pay the Plaintiff the interest rate of KRW 17% per annum, which is the agreed interest rate of KRW 32,00,000,000, and the interest rate of KRW 17% per annum from December 14, 2015 to the date of full payment, and the interest rate of KRW 42,00,000 shall be paid within the limit of KRW 42,00,00,00,000, and the interest rate of KRW 32,000,000 per annum from among the above amounts calculated with Defendant C, D, E, and F shall be jointly and severally liable with Defendant A, Defendant C, and 1810,2,10.1

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