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(영문) 서울중앙지방법원 2016.06.13 2015가단5101231
양수금
Text

1. Defendant A shall pay to the Plaintiff the amount of KRW 18,748,223 and KRW 14,253,789 among them, from April 9, 2015 to the date of full payment.

Reasons

1. On December 31, 2002, the Nonghyup-do National Agricultural Cooperative loans KRW 30 million to Defendant A at an annual interest rate of 14% (the annual interest rate of 18%) (hereinafter referred to as “instant 1 loan”), and around that time D and C stand joint and several surety.

On November 23, 2002, the Housing Credit Union loaned 16 million won to Defendant A at an annual interest rate of 12.5% (18% per annum) (hereinafter referred to as the “instant two loans”), and around that time, C and Defendant B stand joint and several surety.

As Defendant A did not pay the debt of this case 2, on May 9, 2007, Defendant A and C filed a lawsuit for the loan claim with the District Court 2007Gaso785, Jindo-gun, Jindo-gun, Yannam District Court, 2007, and the judgment of the previous lawsuit became final and conclusive on July 19, 2007, which states, “The amount of 16 million won jointly and severally with Defendant C and the amount of 12.5% per annum from March 1, 2003 to April 30, 2004; 18% per annum from the next day to May 25, 2007; and 20% per annum from the next day to the date of full payment.”

Meanwhile, on June 28, 2013, Jeonjin-do transferred to the Plaintiff the instant loan 1 claim against Defendant A (the balance of loans KRW 30 million).

On June 21, 2013, the Housing Credit Union transferred the instant loans to Defendant A (14,253,789 won provisional payment of KRW 118,220) to the Plaintiff.

In the transfer of each of the loans in this case, Jeonnam-do and the Konam-do National Credit Union transferred each of the loans in this case to the Plaintiff and notified the transfer of the loans in this case to C.

[Ground of recognition] Facts without dispute, Gap 1 through 6, purport of the whole pleadings

2. The Plaintiff acquired the claim for loans of this case 1 and 2 from the Nonghyup-do Agricultural Cooperative and the Kook-do Housing Credit Cooperative, and considered the accompanyingness of the guaranteed obligation.

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