logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.01 2018나7114
양수금
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 30, 2000, Samsung Capital Co., Ltd. lent KRW 11,000,000 to the deceased on November 30, 200. On the same day, the Defendant jointly and severally guaranteed the deceased’s loan obligations.

(2) On November 19, 2001, the Plaintiff and the Defendant applied for the extension of the loan period to Samsung Capital Co., Ltd. for the extension of the loan period, and extended the loan period to two years.

On November 11, 2010, Samsung Card Co., Ltd. (the Samsung Card Co., Ltd. was merged into Samsung Card Co., Ltd.) transferred each of the instant loan claims to the Plaintiff on December 30, 201, the Solomon Savings Bank Co., Ltd., Solomon Savings Bank on December 30, 201, and the solomon Savings Bank on May 21, 201.

In this case, the Plaintiff submitted a documentary evidence containing the purport of the notification of transfer on the instant loan claims, which was served on the Deceased and the Defendant on June 8, 2016, during the first instance trial.

The actual accounts of the pertinent loan obligations are overdue, and the remaining loan obligations as of November 17, 2015 are KRW 26,190,852 in total, and the remaining loan principal is KRW 7,224,368 in total.

The deceased died on February 2, 2017, and C, who is the spouse of the deceased, succeeded to the obligation of the deceased’s loan of this case at the ratio of 3/7, and the Defendant and the Appointor D, who is the deceased’s children, at the ratio of 2/7, respectively.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire argument, barring any special circumstances, the plaintiff is jointly and severally liable to pay the loan of this case and its delay damages, and the designated parties who are the heir of the deceased who are the primary debtor are jointly and severally liable to pay the amount of money and its delay damages due to each inheritance share among the loans of this case.

2. The defendant's judgment on the defendant's defense of extinctive prescription is the case of this case.

arrow