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(영문) 서울중앙지방법원 2018.05.17 2017가단5131021
대여금
Text

Defendant A, C, D, E, and F to the extent of the property inherited from the net G:

A. Defendant A shall be 165,533.

Reasons

Facts of recognition

The following facts are acknowledged between the Plaintiff and Defendant B in full view of the purport of the entire pleadings. The above Defendants do not actively dispute between the Plaintiff and the remaining Defendants.

On March 17, 2011, the Future Savings Bank Co., Ltd. (hereinafter referred to as the "BL Savings Bank") concluded a credit transaction agreement with the network G on March 17, 201 with the maximum amount of KRW 400 million per annum, interest rate of KRW 12% per annum, interest rate of delay rate of 25% per annum (after 22% per annum), and the comprehensive passbook (maspbook passbook) with the repayment date of March 17, 2012.

B. On February 28, 2017, the net G was unable to repay a loan under the above credit transaction agreement on the due date, and the loan principal as of February 28, 2017 reaches KRW 407,884,908 and overdue interest KRW 419,781,503.

C. Article 5(3) of the foregoing Credit Transaction Agreement provides that if a future savings bank needs to pay interest on resources, etc., it may pay more than the credit limit even if it did not give prior notice to the debtor. In such a case, the debtor is obligated to pay the excess amount. The future savings bank paid KRW 7,84,908 on June 25, 2012 for the value of such resources.

The Plaintiff’s future savings bank was bankrupt and appointed as a trustee in bankruptcy, and the network G died on February 5, 2017 and succeeded to by the Defendants and H. The share of inheritance is 3/15 of Defendant A, the remainder of Defendants and H, respectively.

On the other hand, the remaining Defendants except Defendant B filed a report on the inheritance limited recognition with the competent family court and were legally accepted.

2. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff the money stated in Section 1-B of the Disposition, and the remaining Defendants are obligated to pay the money stated in Section 1-B of the Disposition to the extent of the property inherited from the network G, and Defendant A, Defendant C, D, E, and F are obligated to pay the money stated in Section 1-B of the Disposition.

3. Conclusion, the plaintiff.

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