보증채무금
1.The judgment of the first instance shall be modified as follows:
The scope of the property inherited from the deceased B shall be limited.
1. Facts of recognition;
A. On May 14, 1994, Jeonbuk Bank Co., Ltd. extended a loan with interest of KRW 10 million at 12.5% per annum and interest rate of KRW 20% per annum (hereinafter “the instant loan”). At the time, the network B guaranteed the instant loan obligation.
B. On February 19, 2003, Jeonbuk Bank Co., Ltd. transferred the instant loan claims in succession to the social loan company of Dongyang-dong on February 19, 2003, and on October 20, 2010, the Dongyang-dong Social Loan Co., Ltd. transferred the instant loan claims in succession to the Plaintiff (Seoul Tynam Loan Co., Ltd.).
C. As of August 13, 2015, the instant loan claim remains at KRW 17,540,007 (principal principal KRW 3,736,290 and overdue interest KRW 13,803,717).
The deceased on October 9, 2013, which is a joint and several surety for the instant loan obligation, died on October 22, 2013, and the Defendant (Appointed Party), Appointor D, E, and F inherited the deceased’s obligation, but was ruled to accept a qualified acceptance on December 22, 2014 by applying for a qualified acceptance under the Jeonju District Court’s Militarysan Branch Branch Decision 2014Mo706.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above findings of determination, the Plaintiff is obligated to pay to the Plaintiff 4,783,630 won (17,540,07 won x less than 3/11 of inheritance shares x less than 3/11 of inheritance shares x 3/11 of inheritance shares x 3/11 of inheritance shares) and to pay damages for delay calculated at the rate of 20% from February 28, 2016 to February 28, 2016, for the Defendant (Appointed) and the appointed parties 3,189,090 won (17,540,007 x 17,540,007 x 2/111 of inheritance shares) and for the principal of 679,320 won (3,736,290 won x inheritance shares x 2/11).
3. As such, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as there is no ground, and the judgment of the court of first instance is unfair, and the conclusion is so unfair, so the defendant (appointed party) is appointed.