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(영문) 서울중앙지방법원 2015.05.21 2015가단17676

대여금 등

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 42,524,60 and KRW 11,272,88 among them:

B. Defendant B and C shall be net D.

Reasons

1. Facts of recognition;

A. On September 25, 1996, the Plaintiff filed a loan lawsuit against the above company and D et al. against the joint and several sureties on April 28, 1999 to receive the claim under the overdraft loan agreement and the general loan loan agreement of KRW 22 million on April 28, 199, and was sentenced to a favorable judgment on October 5, 2004, and the judgment became final and conclusive.

B. D was killed on April 30, 2005, and there were Defendants, E, and F, Defendant A, their children, who were inheritors, and among them, Defendant B and C were inherited to the Daegu District Court Branch of the Daegu District Court on March 18, 2008, under the 2008-Mano69.

C. As of August 20, 2014, the details of claims against the Plaintiff’s network D are as listed below.

27,028,021 won, 74,953,515 won, 101,981,536 won, 214,305,901 won, 39,636,095 won, 41,941,996 won, 922 won, 114,589, 610 won, 610 won, 15,923,532 [based], 15,923,532 won, 15,610 won, 610 won, 610 won, 61, and 2

2. According to the facts seen earlier, Defendant A is obligated to pay to the Plaintiff KRW 42,524,60 (i.e., KRW 155,923,532 x KRW 3/11) and 11,272,88 among them (i.e., KRW 41,33,922 x 3/11). Defendant B and C are obligated to pay damages for delay at the rate of KRW 28,349,733 within the scope of property inherited from network D (= KRW 15,923,532 x 2/11 x 2/11) and 7,515,259 (i.e., KRW 41,33,92 x 2/11 x 2/11) as the Plaintiff seeks from August 21, 2014 to February 1, 2015).

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.