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(영문) 서울남부지방법원 2015.11.06 2015가단24502
양수금
Text

1. The Plaintiff:

A. Defendant A and B shall be jointly and severally, but Defendant B shall be within the scope of the property inherited from the networkF.

Reasons

1. Basic facts

A. On March 26, 2003, Defendant A obtained an annual interest rate of 8% (changing interest rate) from community credit cooperatives (hereinafter “instant loan”) and 30 million won as of March 26, 2006 from the expiration date of the loan (hereinafter “instant loan”), and Nonparty B and the network G were jointly and severally guaranteed.

B. The amount unpaid by Defendant A is KRW 30 million and interest KRW 51,858,203 as of November 28, 2014.

C. On May 18, 2009, the deceased on May 18, 2009, Defendant B, his mother, inherited. Defendant B, on June 25, 2015, filed an application for the 2015 Daegu Family Court's Daegu Family Court's 2015-Madan196 inheritance limited approval.

8.13. Acceptance. D.

The deceased on October 22, 2008, and succeeded to Defendant C and his/her wife, Defendant D and E. The said Defendants filed an application for approval of inheritance limited to inheritance on August 18, 2015 with the Daegu Family Court of the Republic of Korea Family Court for its adoption on August 18, 2015.

9.2. have been accepted.

E. On April 18, 2014, the credit community credit cooperatives and others transferred their claims against Defendant A, etc. to the Korean Federation of Community Credit Cooperatives, and the said Federation to the Plaintiff respectively, and notified Defendant A of the said transfer.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination:

A. According to the above facts based on the determination as to the cause of the claim, Defendant A and Defendant B, the heir of the principal debtor and the joint guarantor F, are jointly and severally liable to the Plaintiff. However, Defendant B, within the scope of the property inherited from the networkF, shall be jointly and severally liable with Defendant A within the scope of the property inherited from the network G, and Defendant C, the heir of the joint guarantor of G, shall be jointly and severally liable to compensate for KRW 35,082,087,087, and KRW 12,857,142 of each of the above legal shares, and KRW 23,388,058,058 of each of the above legal shares, and KRW 8,571,428 of each of the above legal shares, and KRW 8,571,428 of the following day of the final delivery of the claim of this case and the written application for modification of the cause of the lawsuit from October 17, 2015 to the completion of the lawsuit.

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