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(영문) 서울중앙지방법원 2017.02.07 2016가합519480
양수금
Text

1. The Plaintiff:

A. (1) Defendant A and C jointly succeed from 78,023,325 won, 2) Net G (H).

Reasons

1. Determination as to the cause of claim

A. Facts 1) Defendant D, E, and F are the successors of G (H students; hereinafter “the deceased”) who died on July 20, 2013.

B) The Plaintiff: (a) Gyeongbuk Mutual Savings Bank Co., Ltd. (hereinafter “Gyeongbuk Mutual Savings Bank”)

(A) Defendant A (hereinafter referred to as “A”)

(2) On May 6, 2004, the non-party bank made a loan of KRW 200,000 to the defendant A, and the deceased, I, J and the defendant C made a joint and several guarantee for the above loan obligations. The non-party bank made an additional loan of KRW 400,000,000 to the defendant on October 25, 2004, and the deceased and I made a joint and several guarantee for the above loan obligations. (b) The non-party bank made a joint and several guarantee for the above loan obligations with the defendant A, the deceased, I, C, and J as the debtor. The non-party bank applied for a payment order for the loan and deposit payment order with the Daegu District Court Branch Branch Order 2005 tea10959, Jan. 3, 2006.

The above payment order was served on the debtor on January 19, 2006 or on the 20th of the same month.

1. Nonparty Bank

A. As to the deceased and I’s 600,000,000 won jointly and severally with them and 200,000,000,000 won per annum from October 6, 2005 to November 5, 2005; 21% per annum from the next day to the date of full payment; 40,000,00 won per annum from September 25, 2005 to October 24, 2005 to the date of full payment; and

B. C and J shall pay 16.8% per annum from October 6, 2005 to November 15, 2005, and 21% per annum from the next day to the day of full payment with respect to 200,000,000 of the above money jointly and severally with the above defendant A, the deceased, and I.

3) On December 21, 2007, the Plaintiff acquired the Plaintiff’s bonds and the remaining amount of bonds (A) against Defendant A of Nonparty Bank from Nonparty Bank.

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