(영문) 서울중앙지방법원 2017.04.06 2016가단42587

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.06 2016가단42587

대여금등

Text

1. The Plaintiff:

(a) to the extent of the property inherited from the network D (E) and jointly with Defendant C.

Reasons

1. Facts of recognition;

A. Nonparty D (hereinafter “the deceased”) jointly succeeded to the deceased’s obligations, as indicated in the grounds of claim in the attached Table 2, to purchase “I” shop (hereinafter “instant shop”) in which Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) newly built a new project, as indicated in the grounds of claim in the attached Table 2. On December 10, 207, it received an intermediate payment loan from the Plaintiff. The Defendant Co., Ltd. jointly guaranteed the deceased’s obligations. On December 3, 2014, the deceased died on December 3, 2014, and the deceased’s wife and children (the appointed party; hereinafter “Defendant”) died and jointly succeeded to the deceased’s obligations, as indicated in the grounds of claim in the attached Table 2 list.

B. On the other hand, on July 2, 2015, Defendant A and Appointed H received the adjudication of inheritance limited recognition as the Seoul Family Court No. 2015-Ma1997, Defendant B, Appointed F, and G on November 18, 2016 at the same court 2016Ra6253, respectively.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 1 to 4 evidence (including each number), Eul 1 to 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, (1) The deceased’s wife F shall be jointly and severally with the defendant company within the scope of the property inherited from the deceased; (2) the amount calculated at the rate of 15% per annum, which is the overdue interest rate of 39,94,536 won and 34,38,181 won among the loan debt amount of 39,94,536 won according to the shares in inheritance as stated in the shares in the attached list 2 attached hereto; and (3) the amount calculated at the rate of 15% per annum from March 24, 2016 to the date of full payment; (2) the deceased’s children, Defendant A, B, and G; and H shall be jointly and severally with the defendant company within the scope of property inherited from the deceased; and (3) the amount of loan debt amount of 26,629,691 won and the amount of 22,925,454 won among those indicated in the attached list 2 list from March 24, 20160% per annum and joint surety.

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