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(영문) 서울중앙지방법원 2015.12.23 2015나37336
대여금
Text

1. Of the judgment of the court of first instance, the defendant (appointed party) and the appointed party B who exceed the amount ordered to be paid below.

Reasons

1. Determination as to the cause of claim

A. 1) On August 26, 2001, the Plaintiff had the column of interest 12.9% per annum, 19% per annum of interest 12.9% per annum, 19% A’s No. 2-1 (a loan application) and 2-2(a loan transaction agreement) interest rate per annum. However, when referring together to the Defendant (Appointed Party) and the appointed party B (hereinafter referred to as the “Defendant”).

It seems that this part is not a dispute. It was finally extended on August 24, 2007, from the date of the loan.

(C) On the same day, D (C’s husband) jointly and severally guaranteed C’s above loan obligation to the Plaintiff. (2) C lost the benefit of time due to delay in the repayment of the above loan. As of February 24, 2014, the total amount of the above loan obligation is KRW 27,781,431 (= Principal KRW 12,094,746,746).

3) Meanwhile, D had the Defendants and the co-defendant E of the first instance trial between C and the Defendants, but D died on May 10, 2008, upon which the Defendants and E jointly inherited the above joint and several liability obligations of the Deceased (each inheritance share 2/9). [Grounds for Recognition] The Defendants and E did not dispute, and Gap evidence 1 through 5 (including family numbers, hereinafter the same shall apply) (including family numbers).

each entry, the purport of the whole pleading

B. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff 6,173,651 won (=27,281,431 won x less than KRW 2/9, and less than KRW 2/721 won (=12,094,746 won x 2/9) from February 25, 2014, which is the following day of the above base date, to the Plaintiff at each rate of 19% per annum from September 13, 2014 until September 13, 2014, where it is clear that the delivery date of a duplicate of the written change in the purport of the claim and the cause of the claim in this case is the date of delivery of a duplicate of the written change in the purport of the claim in this case, and damages for delay at each rate of 20% per annum from the following day to the date of full payment.

2. The Defendants’ defenses by the Defendants were qualified to succeed to the property due to the death of the Deceased, and thus, the said joint and several liability obligations shall be repaid within the scope inherited from the Deceased.

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