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(영문) 서울중앙지방법원 2014.12.23 2014가단5022898
양수금
Text

1. The Plaintiff:

A. As to KRW 120,99,165 and KRW 44,07,648 among them:

B. Defendants B, C, and D are deceased.

Reasons

1. Facts of recognition;

A. On June 21, 2013, on June 28, 2013, the Plaintiff received credit card payments (loan Nos. 1) or loans (Loan Nos. 2 and 3) from each Defendant from each Defendant’s branch of community credit cooperatives (hereinafter “loans, etc.”) or from each Defendant’s credit card payments (hereinafter “loans, etc.”) as indicated in the table below, and notified each of the credit transfers to Defendant A upon delegation.

B. E has jointly and severally guaranteed Defendant A’s obligations to Defendant A’s community credit cooperatives.

C. E died on January 8, 2007, and the Defendants succeeded to the obligations of the second loans in proportion to their respective shares of 1/4, and on April 17, 2007, the Ulsan District Court 2007Ra189 accepted the Defendants’ inheritance-limited approval report.

On the other hand, as of January 6, 2014, the balance of the principal and interest of the above loan, etc. as of January 6, 2014 is as listed below, and the rate of delay damages for each loan, etc. exceeds 17% per annum.

[Grounds for recognition] Evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A is obligated to pay to the Plaintiff the total amount of KRW 120,99,165 of the above loans, etc. and the principal amount of KRW 44,07,648 of them, and Defendant B, C, and D are jointly and severally with Defendant A for the principal amount of KRW 3,615,167 of the principal and interest of the second loans and KRW 2,461,010 of the principal amount among the principal and interest of the second loans and KRW 2,461,010 of them from January 7, 2014 to the date of full payment, as claimed by the Plaintiff, respectively.

3. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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