beta
(영문) 서울중앙지방법원 2015.08.18 2014가단259800

보증채무금등

Text

1. Within the scope of the property inherited from the network E, to the Plaintiff

A. Defendant A is 54,237,973 won and 10,093 among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant A entered into a contract with the Plaintiff on November 18, 199 for the application for subscription with the credit card, and E has jointly and severally guaranteed the above credit card obligations within the limit of KRW 120,00,000,00. 2) The debt under the above paragraph (1) remains in total of KRW 149,438,839,039,173 as of November 24, 2014. < Amended by Presidential Decree No. 25993, Nov. 24, 2014; Presidential Decree No. 2593, Nov. 24, 2014; Presidential Decree No. 25039, Nov. 24, 2014; Presidential Decree No. 25048, Nov. 3, 2006; Presidential Decree No. 25075, Nov. 3, 2014; Presidential Decree No. 25025, Mar. 34, 2013>

4) The Plaintiff’s overdue interest rate on credit cards is 28% per annum. 5) E died on March 25, 2013 after the spouse’s Defendant A, Defendant B, C, and D left.

6) The Defendants were subject to an adjudication on qualified acceptance of inherited property of the deceased E by Changwon District Court 2013 Ma-Ma252. [Grounds for recognition] The facts that there is no dispute between the parties, the evidence Nos. 1 through 3 (including family numbers), and the purport of the entire pleadings.

B. The Plaintiff, within the scope of the property inherited from the network E, is obligated to pay to the Plaintiff KRW 54,237,973 (=39,99,99 KRW 14,237,974) and KRW 10,093,112 among them; ② Defendant B, C, and D are obligated to pay damages for delay calculated at the rate of 28% per annum, which is the agreement from November 25, 2014 to the date of full payment (=26,66,66,66 KRW 9,49,91,983) and damages for delay calculated at the rate of KRW 36,158,649, respectively.

2. If so, the plaintiff's claim of this case is accepted for reasons.