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Reasons
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(영문) 춘천지방법원강릉지원 2020.12.16 2020가단30701
양수금
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1. The defendant shall not exceed KRW 103,290,236 and KRW 37,903,346 among them to the plaintiff within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. On May 4, 2011, D Co., Ltd. received a new loan of KRW 49,706,000 from E Co., Ltd. (interest rate of KRW 10.4237%, overdue interest rate of KRW 24% per annum, and interest equal monthly in 48 months) and C, the representative director of E Co., Ltd, was jointly and severally guaranteed.

B. On May 20, 2016, E Co., Ltd. transferred the above bonds to the Plaintiff and notified it to D, a principal debtor, around May 24, 2016.

C. As of July 31, 2019, the principal of the above loan remains 37,903,346 won, and 65,386,890 won.

C The heir died on April 4, 2012, and the heir was F, G, H, and I, who is the spouse, and the heir was F, G, H, and I. Among them, F, G, H, and I reported the renunciation of inheritance under the 2012 Down branch court of Chuncheon District Court Decision 2012 D, and the above court accepted the above declaration on June 21, 2012. The defendant reported the succession approval under the court 2012 D, 179, and tried to accept it on June 21, 2012 by the above court.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, the defendant, as a sole heir of the deceased C, has a qualified acceptance. Accordingly, the defendant is obligated to pay the plaintiff damages for delay calculated by the ratio of 12% per annum to 12% per annum for the plaintiff within the scope of the property inherited from the deceased C (i.e., KRW 37,903,346, 65,386,890) and the principal amount of KRW 37,903,346, among them, within the scope of the property inherited from the deceased C, as requested by the plaintiff, after the above date, as for the principal amount of KRW 37,903,346.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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