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(영문) 서울중앙지방법원 2016.02.17 2015가단17348

대여금등

Text

1. The Defendants are to the Plaintiff, and A.

The limit of KRW 56,727,272 shall be limited to the property inherited from each network D.

Reasons

1. Facts of recognition;

A. Before the declaration of bankruptcy, the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) concluded a general fund loan agreement with F and Savings Bank (hereinafter “instant loan agreement”) as follows, subject to the agreement between F and Savings Bank on the application of the Framework Agreement on Credit Transactions.

D, the father of F, at the time of the instant loan agreement, entered into a comprehensive collateral guarantee agreement relating to credit transaction obligations that F is currently and future, with a total of KRW 312,00,000,000,000.

1.5% per annum 1.5% per annum on August 26, 2009, 2000 won per annum on August 20, 2012, 11.5% per annum on August 20, 2012, 200,000 won per annum on May 20, 2010, KRW 10.5% per annum on August 20, 2012, 250 million per annum on August 20, 2012.

B. Under the instant loan agreement, F lost the benefit of time due to delay in payment of the principal and interest obligation, etc., and as of September 15, 2014, the obligation under the instant loan agreement as of September 15, 2014 is the total amount of KRW 308,189,548 (No. 18,664,737, principal and interest on loans 181,796,476, interest or delay damages 107,728,335).

C. The Solomon Savings Bank was appointed as the bankruptcy trustee on April 30, 2013 by the Seoul Central District Court Decision 2013Hahap46 (Seoul Central District Court Decision 2013Hahap46).

D The deceased on August 8, 2012. At the time of death, E (the heir shares 3/11) and the Defendants and F (the heir shares 2/11) were wife E (the heir shares 3/11).

E died on January 24, 2015, and at the time of death, there was the defendants and F (the heir each 1/4 of the shares in inheritance) who were children.

E. On April 15, 2015, the Defendants and F filed a report on the qualified acceptance of the deceased E’s property inheritance (Seoul Family Court 2015 order3528) and accepted the said report on September 7, 2015. The Defendants filed a report on the special fixed acceptance of the deceased D’s property inheritance (Seoul Family Court 2015 order4275) on May 7, 2015, and accepted the said report on October 13, 2015.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 1 to 6 evidence (including paper numbers), and arguments.