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(영문) 서울중앙지방법원 2016.01.14 2015가단39331

1. The Plaintiff:

A. As regards Defendant A’s KRW 50,000,000 and its:

B. The above case is jointly and severally with the defendant A.

(b) the amount of money set forth in paragraph (3);


1. "Amount of loan extended on January 20, 1993 for the date of loan of the facts of recognition as joint and several sureties F,00,000 won on January 20, 1993, F, G 100,000 won on January 20, 21993, "〃 100,000,000 won on November 15, 393, 31993" "〃 21,00,000,000 won on June 30, 394 on June 27, 1995, " "60,000 won on June 28, 1997, 128,600,000 won on June 28, 1997, AF, G

A. A mutual savings bank (hereinafter referred to as the “Sluxy”) has made a loan as listed below.

B. On January 19, 2005, Hyundai Switzerland, where F et al. did not repay loan obligations, filed a loan claim lawsuit against F, Defendant A, and G with the Seoul Central District Court Decision 2004Da272187, which decided on January 19, 2005 that "the defendant jointly and severally pays to the plaintiff 400,105,408 won and 107,156,596 won a year of 20% interest per annum from December 31, 2001 to the date of full payment."

C. On July 16, 2013, the Plaintiff acquired the claim against F, Defendant A, and G from Hyundai Switzerland, and the notification of transfer was also made.

G died on March 8, 2014, and F was subject to the Suwon District Court Decision 2014Ra960 decided to waive inheritance, and Defendant C, Defendant D, and Defendant E jointly succeeded to the network G.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the above facts finding, the Plaintiff is obligated to seek part of the claim amount for the interruption of extinctive prescription; ① Defendant A is obligated to pay damages for delay at the rate of 20% per annum from November 12, 2015 to December 4, 2015, the following day after the delivery of a duplicate of the application for modification of lawsuit as of November 12, 2015 to the day of complete payment, and ② Defendant B is jointly and severally and severally with Defendant A, with the amount of KRW 16,666,66, which falls under the inheritance shares of KRW 1/3; Defendant C, D, and E are equivalent to KRW 11,11,11 which falls under the inheritance shares of KRW 2/9; and each of the above amounts is subject to the obligation to pay damages for delay at the rate of 10% per annum.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.