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(영문) 대전지방법원논산지원 2020.06.25 2020가단35
보증채무금
Text

1. Defendant C shall within the scope of the property inherited from the deceased D (EE, Death on October 2, 2019) to the Plaintiff, 69,043.

Reasons

1. Basic facts

A. The Plaintiff entered into a car lease agreement (hereinafter “instant lease agreement”) with Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Nonparty D jointly and severally guaranteed the said agreement, and the maximum amount of the guaranteed obligation was KRW 101,780,000.

B. The Plaintiff’s claim for the lease fee against the Nonparty Company is KRW 66,509,132 as of January 3, 2020, interest KRW 2,202,738 as of January 3, 202, and late payment KRW 331,692 as of late payment, and the interest rate for delay under the lease agreement of this case is 24% per annum.

C. Meanwhile, Nonparty D died on October 2, 2019, and the heir jointly succeeded to the inheritance by Nonparty G, Defendant, H, I, and J, who is his/her child. Nonparty G, H, I, and J were adjudicated to accept the renunciation of inheritance as Nonparty G, H, I, and the Daejeon Family Court Branch Branch of the Daejeon Family Court. The Defendant was adjudicated to accept the refusal of inheritance by inheritance by the court of 2019-Ma309.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant C, as a sole heir of Nonparty D, is obligated to pay to the Plaintiff the amount equivalent to 24% per annum from January 4, 2020 to the day of full payment of the principal of KRW 66,509,132, within the scope of the property inherited from the deceased, within the scope of the property inherited from the deceased as the sole heir of Nonparty D.

3. The plaintiff's claim against the defendant is justified.

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