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(영문) 대전지방법원 2020.01.22 2018가단25929
차용금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 11,00,000 and interest rate of KRW 12% per annum from March 20, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On May 24, 2018, the deceased FF (hereinafter “the deceased”) borrowed KRW 53 million from the Plaintiff on June 23, 2018, and provided the loan as collateral in Echeon-si H H H H H H lending I with respect to the above loan and, if the loan is not repaid by the due date, issued a loan certificate to the Plaintiff (hereinafter “the loan certificate in this case”). The Defendant B guaranteed the deceased’s obligation to the Plaintiff at the time of the repayment.

B. The Deceased died on September 8, 2018, and the Defendant C, D, and E inherited the Deceased, his/her own child, and the said Defendants filed a special report on the inheritance of the Deceased’s property on February 18, 2019 with the Suwon District Court Decision 2019Modan200269, the said Defendants filed a special fixed approval report on the deceased’s property inheritance on October 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B is obligated to pay 10 million won remaining after deducting 42 million won that the Plaintiff had already received from the loan certificate of this case, and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 20, 2019 to the date of complete payment. Defendant C, D, and E are jointly and severally with Defendant B to pay 3,300,000 won out of the above money within the scope of the property inherited from the Deceased and jointly with the Deceased, and it is clear that Defendant C and E are the following day after the delivery of a copy of the complaint of this case sought by the Plaintiff, and Defendant D is a delivery of a copy of the complaint of this case sought by the Plaintiff, and it is clear that Defendant D is the next day after February 3, 2019 to the extent of the obligation to perform the dispute of this case or its scope.

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