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(영문) 부산고등법원 (창원) 2017.02.06 2016나22694

구상금

Text

1. The judgment of the court of first instance is modified as follows.

To the extent of the property inherited from the net G, the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 17, 2002, G and the Plaintiff: (a) drafted a monetary loan certificate (No. 24) stating that “G borrows KRW 150 million from E; and (b) the Plaintiff is a joint and several surety for the above loan obligation to G E; and (c) delivered it to E.

The detailed contents of the above monetary loan certificate are as follows, and in the debtor column and the joint and several sureties column the plaintiff signed and sealed each of the above monetary loan certificate.

It is reasonable for G to borrow the above amount of money in the daily amount of KRW 20 million per annum (Provided, That it is not reasonable for G to borrow the money from the debtor.

Therefore, the interest will be presented to you by the end of each month by the end of July 30, 2003, and the principal will be set up against you. If the interest is in arrears for more than three months, I would raise an objection even if all principal and interest are claimed at any time regardless of the deadline, and if the debtor G does not perform the obligation with respect to the claim, I will not incur any damage to you by performing as a joint and several surety instead of performing as a whole.

I, for the next day, deliver this certificate of borrowing money.

Plaintiff E, a joint and several surety for debtor G on October 17, 2002

B. Thereafter, E filed a lawsuit against G and the Plaintiff for a loan claim under the Seoul District Court Jinwon Branch Decision 2006Gahap862.

On August 21, 2006, the above litigation procedure entered into a mediation that "G and the plaintiff shall jointly and severally pay 180,000,000 won to E until December 10, 2006, and shall pay 20% interest per annum from December 11, 2006 to the date of complete payment if the above performance is delayed."

C. On July 24, 2015, the Plaintiff drafted a debt repayment agreement with E, stating that “the Plaintiff transferred the ownership of KRW 130,000,000 and KRW 105,000 to E, and the said loan obligations are terminated,” and paid KRW 20,00,000 to E on the same day.

G died on May 11, 2011.

At the time G dies, there were Defendant B and C, his spouse, as his heir, and Defendant C and D.

[Judgment of the court below] Evidence Nos. 1, 2, 3, 5, 5.