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(영문) 서울중앙지방법원 2017.04.06 2015가단79100

대여금

Text

1. The Plaintiff:

A. As to Defendant B and D’s joint and several KRW 183,556,89 and KRW 40,000,000 among them, Defendant B and D shall begin on April 17, 2015.

Reasons

1. Indication of claim;

A. On April 7, 1997, the Plaintiff concluded a loan transaction agreement with the deceased on April 7, 200, with the interest rate of 12.75% per annum, and borrowed 50,000,000 won per annum to the deceased, and Defendant B and D jointly guaranteed the deceased’s obligations under the above loan transaction agreement.

B. As of April 16, 2015, the net I lost a due interest by delaying the payment of the principal and interest of loan, the balance of the unpaid principal and interest of loan is KRW 40,00,00,00, the agreed interest amount of KRW 113,787,038, overdue interest amount of KRW 29,769,861, and KRW 183,556,89.

C. The deceased died on August 13, 2001. The deceased’s family member died before the commencement of the inheritance, but J, K, and L died before the commencement of the inheritance. Defendant A and C succeeded to the deceased, but reported qualified acceptance on March 30, 2015, and reported on March 30, 2015.

(Seoul District Court Branch 2015 Madan64) d.

Defendant F, Defendant G, and H, who are the spouse and children of the deceased L, were married on behalf of the deceased L, and accepted the report of qualified acceptance.

(2) On the other hand, the deceased's spouse M has died and his child N has renounced inheritance, and the deceased's relationship, inheritance shares, and the details of calculation of principal and interest of the deceased's heir after the deceased's death are as follows.

I A C B F G H I

2. Applicable provisions;

(a) Judgment deeming confession (Defendant A, C, F, G, and H: Article 208(3)2 of the Civil Procedure Act);

(b) Judgment by publication (Defendant B, D: Article 208 (3) 1 of the Civil Procedure Act);