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(영문) 서울중앙지방법원 2018.05.10 2017가단109111

보증채무금

Text

1. To the extent of the property inherited from the network D to the Plaintiff:

A. Defendant A shall limit the amount of KRW 385,714,286.

Reasons

1. Basic facts

A. On October 20, 201, the Plaintiff, under a joint and several surety D on October 20, 201, offered a business loan of KRW 1 billion to E Co., Ltd. (hereinafter “instant loan”), and the guarantee limit of D was subsequently reduced from KRW 1.3 billion to KRW 900 million thereafter.

B. The sum of the principal and interest of this case unpaid as of August 17, 2017 is KRW 499,024,870 (= Principal KRW 447,617,289; KRW 51,407,581); and the subsequent agreed delay rate is KRW 9.5% per annum.

C. A joint and several surety D (hereinafter referred to as “the deceased”) died on May 1, 2016, and his heir was the Defendant A (the spouse 3/7), the Defendant B, and C (the spouse 2/7). The Defendants approved inheritance on July 21, 2016.

[Ground of recognition] Facts without dispute, entries in Gap's evidence 3 through 6 (including paper numbers), the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, unless there are special circumstances, the defendants are liable to perform their joint and several liability obligations of the deceased related to the loan of this case, divided according to their respective shares of inheritance, within the scope of active property inherited from the deceased, according to their respective shares of inheritance.

Therefore, within the scope of property inherited by the Defendants from the Deceased, Defendant A is obligated to pay to the Plaintiff, and to pay KRW 213,867,801 (i.e., the unpaid principal and interest of KRW 499,024,870 as of August 17, 2017) and KRW 191,835,981 among them (i.e., the unpaid principal and interest of KRW 447,617,289x 3/7) within the limit of KRW 385,714,286 (i.e., the date of delivery of the original copy of the instant payment order from August 18, 2017 to Nov. 16, 2017; and (ii) KRW 45,7545,757,975,9755,475,257,257,257,257,257,257,257,2975,257, etc.).