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(영문) 서울중앙지방법원 2019.09.27 2019가단5041160
양수금
Text

1. The Plaintiff:

A. As to Defendant B Co., Ltd. 231,821,508 and 54,758,626 won among them:

B. Defendant C.

Reasons

1. Facts of recognition;

A. On February 2, 200, 200, i Co., Ltd. took a corporate driving general loan of KRW 200,000,000 on February 2, 200 to Limited Company B, and G (the neighboring guarantee limit of KRW 260,000,00), Defendant C, and D (the neighboring guarantee limit of KRW 39,00,000) jointly and severally guaranteed.

On August 25, 2001, I Co., Ltd. provided a general loan of KRW 100,000,000 to a limited company B, and G (130,000,000) provided a joint and several guarantee.

As of October 2, 2018, the balance of the loan on February 2, 2000 is KRW 105,860,042 (principal principal, KRW 26,831,904, interest, etc., KRW 79,028,138), and the balance of the loan on August 25, 2001 is KRW 105,860,042 (principal principal, KRW 26,831,904, interest, etc., KRW 79,028,138).

B. On February 17, 2004, a limited liability company B dissolved after establishing the Defendant B as a result of the organizational change.

On June 14, 2007, J Co., Ltd. transferred each of the above loans to J Co., Ltd., and J Co., Ltd. was declared bankrupt on May 20, 2013 and appointed the Plaintiff as bankruptcy trustee.

Defendant D was granted immunity on November 17, 2017 to Daejeon District Court 2017Da7444.

G A deceased on March 3, 2018, and succeeded to the property of Defendant D and his/her spouse, Defendant E and F. The said Defendants were subject to the judgment on the repair of the inheritance limited approval by inheritance to the Jeonju District Court Decision 2019Hadan94, Jun. 10, 2019.

[Ground for Recognition: Facts without dispute, Gap 1 through 5, Eul 1 through 10, purport of the whole pleadings]

2. Comprehensively taking account of the above facts acknowledged, Defendant B, Inc., is obligated to repay the principal and interest of each loan, and Defendant C, within the limit of KRW 39,00,000,00, is obligated to repay the principal and interest of the loan on February 2, 200, and Defendant D, E, and F are obligated to repay the principal and interest of the loan within the limit of each guarantee limit of G within the limit of inherited property inherited from G, in accordance with their respective inheritance shares within the limit of each guarantee limit.

(Plaintiff) Defendant D, upon the decision to grant immunity to Defendant D, did not claim a guarantee obligation that Defendant D himself guaranteed on February 2, 200. Defendant D, E, and F are subject to the lapse of the five-year statute of limitations.

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