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1. The Plaintiff:
A. Defendant B shall not exceed 138,33,634 won within the scope of the property inherited from the network E and 60,894.
Reasons
1. Facts of recognition;
A. On September 19, 201, the Plaintiff concluded a monetary loan agreement with F Co., Ltd. (hereinafter “F”) on September 19, 201 with a loan of KRW 300,000,000, the repayment date on September 19, 2012, and the delayed payment rate of KRW 15% per annum. The Plaintiff jointly and severally guaranteed F’s loan obligations to the extent that the net G (E on the family relation certificate; hereinafter “the network”) is KRW 360,00,000,000.
B. As of August 22, 2019, the unpaid principal of and interest on the above loans amounting to KRW 230,556,058 is KRW 101,491,068, and the unpaid interest amount is KRW 129,064,90.
C. The deceased died on August 12, 2018 and succeeded to the deceased’s property. However, on October 4, 2018, Defendant B filed a report on qualified acceptance as to the deceased’s property inheritance with the Gwangju Family Court Decision 2018Ra1601, and on November 9, 2018, the above court accepted the said report on qualified acceptance (the deceased’s children, H and I’s renunciation of inheritance were also accepted), and Defendant C filed a report on qualified acceptance as to the deceased’s property inheritance with the Gwangju Family Court Decision 2020Ra525 on April 28, 2020. The above court rendered a judgment accepting the said report on qualified acceptance on April 28, 2020.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 16 (including provisional number), Eul evidence 1, significant facts in this court, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, Defendant B shall pay to the Plaintiff the amount calculated by the ratio of 15% per annum, which is the agreed interest rate of 15% per annum, from August 22, 2019 to the day of full payment, to KRW 216,00,00,00,000 per annum (i.e., the maximum amount of guarantee obligation of the deceased 360,000,000,000,0000 x 33/550,000) as joint and several liability obligations for the above loan obligations to the Plaintiff within the scope of the property inherited from the deceased (i.e., the share of inheritance x less than 3/5,00,000) and Defendant C shall be paid within the limit of the share of inheritance, and Defendant C shall be paid within the limit of the share of inheritance.