양수금
1. The defendant shall be jointly and severally and severally with the networkF to the extent of the property inherited from the networkF, and KRW 52,502,581 to the plaintiff.
1. Facts of recognition;
A. On August 3, 2012, the NetworkF (hereinafter “the deceased”) approved that each of the provisions specified in the credit transaction terms and conditions shall be faithfully performed and entered into a loan agreement with G Co., Ltd. and the loan principal of KRW 91,00,000, annual interest rate of KRW 14.9%, overdue interest rate of KRW 26.9%, and period of 36 months under the joint and several guarantee of father E, who is his father. If the performance of the obligation is delayed or part of the agreement is breached, the agreement was concluded to lose the benefit of time.
B. During a transaction under the foregoing loan agreement, the Deceased lost the benefit of time due to the failure to pay the principal and interest during the transaction, and at the same time the said loan agreement was terminated. On July 11, 2019, the principal and interest of the loan as of July 11, 2019 is the total of KRW 105,005,05,005,162.
C. Around June 28, 2017, the Plaintiff received from G Co., Ltd. a claim pursuant to the foregoing loan agreement against the Deceased, etc.
Meanwhile, upon the death of the deceased, the above E and the Defendant, as the mother, filed a report on the inheritance limited recognition with the Gwangju Family Court’s net support 2017Ra638, and on August 2, 2017, the same court rendered a judgment accepting the above qualified acceptance report and became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is jointly and severally obligated with E to pay to the plaintiff 52,502,581 won and 24,16,680 won, which is calculated by the rate of 26.9% per annum from July 12, 2019 to the date of full payment.
On July 12, 2019, the payment order of the Seoul Western District Court 2019Hu48366 dated July 12, 2019 for the Plaintiff’s payment against the Deceased and E was served on E on August 1, 2019, and it became final and conclusive on July 12, 2019 without filing an objection.
Accordingly, as co-inheritors of the deceased, the defendant, who has accepted qualified acceptance, is a joint guarantor E.