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Reasons
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(영문) 서울동부지방법원 2015.10.13 2014가단32336
대여금 등
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1. Defendant B shall not exceed KRW 53,028,111 and KRW 48,90,00,000, within the scope of the property inherited from D to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 28, 2006, the Plaintiff loaned the debt amount of KRW 30 million to the Gangnam Unemployment Co., Ltd. on January 2, 2008; the interest rate was 7.62% per annum; the interest rate was 15.62% per annum; and D set the debt amount of the above loan as KRW 39 million per annum.

B. After all, the Plaintiff and the Gangnam Unemployment Co., Ltd. concluded an additional contract with the effect that the loan amount is increased to KRW 48.9 million on December 18, 2012, and the due date is extended to December 23, 2013, and D guaranteed the above loan obligations within the limit of KRW 58.68 million on the same day.

C. The Gangnam Unemployment Co., Ltd. lost the benefit of March 20, 2014 by delaying the performance of the above loan obligations. The loan balance as of April 1, 2014 reaches KRW 48.9 million, KRW 178,387,387, KRW 3572,633, KRW 377,091, and KRW 53,028,111.

D The heir died on March 23, 2013, and there was Defendant B, C, E, and F, the spouse of the Defendant A, and his/her children. Defendant B, on June 24, 2013, filed a report on the qualified acceptance of inheritance on August 6, 2013, by filing a report on the qualified acceptance of inheritance with the Incheon District Court Branch Branch Branch Office Decision 2013Radan598, Jun. 24, 2013. Defendant A, C, E, and F, on June 24, 2013, filed a report on the renunciation of inheritance with the Incheon District Court Branch Branch Office Decision 2013Mo597, Jun. 24, 2013, and accepted the said report on August 1, 2013.

[Grounds for Recognition: Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B, as the inheritor of D, shall pay the Plaintiff, within the scope of the property inherited from D, the delay interest rate of KRW 53,028,11 and KRW 48,90,00 per annum, which is the rate of delay interest rate of KRW 15.62% from April 2, 2014 to the date of full payment, to the date of full payment, and the obligation to pay within the limit of KRW 5,868,00,00,000, which is the guarantee ceiling.

3. The plaintiff, as to the claim against the defendant A and C, is also the defendant A and C.

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