양수금
1. The plaintiff
A. As to Defendant B’s KRW 90,58,367 and KRW 30,504,329 among them
B. Defendant A is from D.
1. Basic facts are: (a) around 2008, Korea Capital Co., Ltd. entered into a loan agreement with Defendant B, a general loan agreement, and made a new loan to the said Defendant; (b) D has jointly and severally guaranteed Defendant B’s obligation; (c) on July 26, 2016, the Plaintiff acquired the claim against Defendant B and D and notified the fact of taking over the claim; (d) on April 23, 2018, Defendant A and C were appointed as the heir; (c) the Defendants approved the acceptance of D; (d) the total amount of the principal and interest which Defendant B failed to pay by November 24, 2017, was KRW 90,58,367; and (d) the principal amount was KRW 30,504,329, there is no dispute between the parties.
2. According to the above facts of determination, Defendant B is obligated to pay 90,58,367 won and 30,504,329 won among them, and Defendant A is jointly and severally liable with Defendant B to pay 38,823,586 won and 13,073,284 won out of the above amount within the scope of property inherited from D, and Defendant C is jointly and severally liable with Defendant B to pay 25,82,390 won out of the above amount and 8,715,522 won out of the above amount within the scope of property inherited from D, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 25, 2017 to the day of full payment.
3. Conclusion, the plaintiff's claim is justified.