beta
Text
1. Within the scope of property inherited from the deceased H, Defendant C is jointly and severally liable to the Plaintiff, and Defendant C is jointly and severally liable to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 12, 2005, the Plaintiff filed an application with I and H for a payment order for the remainder of the loan and the joint and several several several several liability amount, claiming that I borrowed KRW 200 million from the Plaintiff and provided joint and several liability by H with the Defendant. On March 3, 2010, “I and H jointly and severally agreed with the Plaintiff for KRW 124,531,240, and KRW 200,000,000 per annum from February 29 to February 21, 2010, and KRW 124,531,240 per annum, calculated on February 29, 2008, and KRW 124,531,240 per annum from February 22, 2010 to the date of full payment (hereinafter “instant payment order”) with the content that “I and H are served on 301.45% of the instant case’s payment order.”
Meanwhile, as of the date of the closing of argument, the debt of the above loan remains due to partial repayment, the rate of 119,734,425 won and 21% per annum from December 31, 2010.
B. H died on May 31, 2018, and co-inheritors are spouse C, Defendant D, E, F, G, and I (I and the same person as the principal debtor under the instant payment order).
C. The Defendants received a decision on October 12, 2020 from the above court to accept the report on qualified acceptance with respect to the inheritance of the deceased H’s property as the Seocho District Court’s Seocho Branch Branch 2020 Gadan93.
[Reasons for Recognition] Evidence No. 2, Evidence No. 1, Evidence No. 1, the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendants, the heir of the network H, jointly and severally with I within the scope of the property inherited from the network H, and jointly and severally with the Plaintiff by inheritance shares of KRW 119,734,425, and the Defendant C, 27,631,020 (i.e., KRW 119,734,425 x 3/13). The remaining Defendants (i.e., KRW 119,420,681 x 119,734,425 x 2/13) and damages for delay calculated at the rate of 21% per annum from December 31, 2010 to the date of full payment.