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(영문) 서울중앙지방법원 2016.01.12 2014가단5247208
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 58,024,959 and KRW 31,575,237 among them:

B. Defendant B is Defendant A.

Reasons

1.The following facts shall be subject to no dispute between the parties:

Defendant A made an agreement with the financial institutions listed below to pay the balance of loans and damages for delay calculated in accordance with the overdue interest rate set forth in the above financial institutions from the date of loss of the interest on the loans to the date of full payment when Defendant A lost the interest on the loans.

However, Defendant A lost the benefit of time due to the failure to repay the principal and interest, etc. even after the period of repayment for the loan has expired after receiving the loan as listed below. When calculating the principal and interest according to the rate of the agreement of the financial institution and the interest rate for arrears of the Plaintiff from the date of loss of the benefit of time until August 30, 2014, the base date is as listed below.

On the other hand, the plaintiff applies the interest rate of 17% per annum in accordance with Article 11 of the Credit Counseling and Recovery Fund Act.

A.280,000 75,613,636 18,636 H, 636 H, 636 H, 636, 850, 850, 853. 31.05.31. The credit cooperative No. 10,295, 237, 687, 3218, 182, 588 H, I, 200, 80, 613, 636 , 636H, 85, 205, 205. 31. 5. 31. 1, 205. 31, 205.

B. Under the joint and several guarantee agreement, each joint and several guarantee was made for the obligations owed by Defendant A to the non-party financial institutions, as described in the above table.

C. The non-party to the transfer and takeover of the claim transferred all of the above claims against the Defendants to the Plaintiff, and the Plaintiff delegated the right to notify the transfer to the non-party financial institution.

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