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(영문) 서울서부지방법원 2017.06.21 2016가단251522

양수금

Text

1. The defendant shall not exceed KRW 20,015,476 and KRW 4,512,445 among them within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. C on February 7, 1994, borrowed 60 million won from the Yangyang Mutual Savings and Finance Company (hereinafter “Stimyang Mutual Savings and Finance Company”) at the due date on February 7, 1998 and at the rate of 20% delayed interest rate. At that time, B guaranteed C’s joint and several debt against the Non-Party Mutual Savings and Finance Company.

B. C lost the benefit of time by delaying the repayment of the above loan obligation, and on August 29, 2016, the total amount of the above loan obligation as of August 29, 2016 is KRW 90,069,645 (i.e., principal interest of KRW 20,306,000 in interest of KRW 69,763,641).

C. The Plaintiff is the final transferee of the loan claim against Nonparty C by Nonparty’s credit cooperative.

On the other hand, as the joint and several obligors died on February 27, 2013, D and E, F, the spouse of the deceased, and the Defendant inherited the joint and several liability of the deceased according to their respective shares of inheritance.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 13 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest at a rate of 20,015,476 won (=90,069,645 won x 2/9, and 4,512,445 won (=20,306,004 x 2/9), which is the following day of the above basic date, for the remaining principal and interest (=20,306,004 x 2/9) from August 30, 2016 to the day of complete payment).

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.