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(영문) 서울중앙지방법원 2017.08.11 2016가단5286405
대여금
Text

1. The Plaintiff:

A. As to the Defendant A and F jointly and severally KRW 278,640,296 and KRW 111,118,539 among them, Defendant A and F shall be jointly and severally liable.

Reasons

1. Facts of recognition;

A. Solomon Savings Bank Co., Ltd. (hereinafter “Slomon Savings Bank”) was declared bankrupt on April 30, 2013 (Seoul Central District Court 2013Hahap46), and the Plaintiff was appointed as a trustee in bankruptcy.

B. Defendant A Co., Ltd. (hereinafter “Defendant High-speed Tourism”) received each of the loans from Nonparty Bank as listed below, and G and Defendant F jointly and severally guaranteed each of the above loans.

(1) 62 million won of a loan, April 29, 201 of the loan date, May 10, 201 of the loan maturity date, May 10, 2014, and 33.5% of the loan interest rate per annum.

B. Defendant High-speed Tourism, F, and G lost the benefit of time due to the failure to repay the above loan obligations, and as of April 7, 2016, the principal and interest of the loan was as follows.

(1) Aggregate of loans and loans: 276,640,297 won in total of 111,18,539 won in principal, 165,539,963 won in interest, and 1,981,795 won in provisional payments.

C. On August 22, 2011, G: (a) Defendant B, C, D, and E, a G’s child, filed a petition for an adjudication on the limited acceptance of inheritance inheritance with the Daejeon District Court’s official branch office of the Daejeon District Court 2011-Ma161 on inheritance; and (b) was adjudicated to accept the qualified acceptance on December 6, 201.

[Grounds] Defendant High-speed Tourism: The remaining Defendants except for Defendant High-speed Tourism (Article 208(3)2 of the Civil Procedure Act) of confessions (Article 208(3) of the Civil Procedure Act): The non-contentious facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts found above, high-speed tourism and F jointly and severally with the Plaintiff at the rate of 33.5% per annum from April 8, 2016 to the date of full payment of the principal amount of KRW 278,640,296 and the interest of KRW 111,118,539 among them, and damages for delay calculated at the rate of 33.5% per annum from April 8, 2016 to the date of full payment of the principal amount: Defendant B, C, D, and E shall be within the scope of property inherited from the network G; Defendant high-speed tourism and F jointly and severally with the Plaintiff (=276,640,296 x 1/46 x inheritance shares) and 27,779,634 x 1/4 x 1118,539 x 1/4 x 1/4) from April 8, 2016 to the extent of property inherited from network G.

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