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(영문) 대전지방법원 2017.06.14 2017가단201894

대여금

Text

1. The Plaintiff:

A. As to KRW 419,373,603 and its total amount of KRW 200,000,000, Defendant A Co., Ltd., from November 7, 2016.

Reasons

1. Claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(However, “creditor” is “Plaintiff,” “debtor A,” “Defendant A,” and “debtor C,” respectively. (B)

Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Claim against the defendant B

A. 1) The Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”)

A) A company established pursuant to the Mutual Savings Banks Act for the purpose of receiving deposits and installment savings, and was declared bankrupt by the Daejeon District Court 201Hahap2, the Plaintiff was appointed as a trustee in bankruptcy of the non-party bank on the same day. (2) On April 21, 2011, the non-party bank entered into a credit transaction agreement (hereinafter “the credit transaction agreement of this case”) with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the amount of credit limit of KRW 1,200,000,000, interest rate of April 21, 2012, interest rate of KRW 12% per annum, and overdue interest rate of KRW 23% per annum.

3) On the same day, C entered into a comprehensive guarantee agreement with the Defendant Company to provide a joint and several guarantee amount of KRW 1,560,000 for the obligations owed by the Defendant Company to the non-party bank. 4) The Defendant Company did not pay the obligations under the above credit transaction agreement. The loan obligations remaining as of November 7, 2016 are the principal of the loan, KRW 1,167,407,409, and KRW 1,280,565,079, plus KRW 2,447,972,538.

5) On April 12, 2013, C died, and upon the waiver of inheritance by D and E, C, a lineal descendant, succeeded solely by Defendant B, the spouse of C, and Defendant B was decided to accept a judgment on acceptance of a judgment on acceptance of an inheritance based on the Suwon District Court Decision 2013Ra937, Jun. 11, 2013. [In the absence of any grounds for recognition, the facts indicated in subparagraphs 1 through 7, the evidence stated in subparagraphs 1 through 4, and the purport of the entire pleadings, as a whole.

B. According to the above facts of recognition, Defendant B is within the scope of the property inherited from the deceased C, and Defendant B is within the scope of the property inherited from the deceased C.