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1. Defendant D’s KRW 42,85,710, Plaintiff B, and C respectively for each of the said money and each of the said money on December 31, 2008.
Reasons
1. Facts of recognition;
A. H around 2008 lent a total of KRW 150 million to Defendant D on three occasions.
F has jointly and severally guaranteed 130 million won out of the above loan debt.
B. H died on May 23, 2017, and H’s property was inherited by Plaintiff A 3/7, Plaintiff B, and C, respectively.
C. The F died on February 19, 2014, and Defendant E accepted the F’s inheritance of property, and I and J renounced the F’s inheritance of property.
[Ground for recognition] Defendant D: The fact that there is no dispute over Defendant E, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings and arguments
2. According to the facts found in the determination as to the cause of the claim, Defendant D is obligated to pay the Plaintiff KRW 64,285,710 (i.e., KRW 150 million x KRW 3/7, and KRW 300 million x KRW 3/7,000 x KRW 150 million x 2/7) to the Plaintiff, B, and C, respectively. Defendant E is jointly and severally liable to pay the Plaintiff KRW 55,714,280 (i.e., KRW 130 million x KRW 30 million x 3/7), and damages for delay against each of the said money to the extent that it is inherited from F, within the extent that it is jointly and severally inherited from F. Defendant D.
Defendant D is obligated to pay to Plaintiff A 42,857,140 won, each of which was 64,285,710 won, each of which was 42,857,140 won, and the said money to Plaintiff B and C from December 31, 2008 (the last day of the year to which the lending date belongs, for which the Plaintiffs sought) to June 14, 2018 (the date on which the duplicate of the complaint in this case was served to Defendant D), 5% per annum (the interest rate prescribed by the Civil Act) from the following day until May 31, 2019, and 12% per annum from the following day to the day of full payment (the interest rate prescribed by the same Act).
Defendant E, within the scope of inheritance from F jointly and severally with Defendant D, has a duplicate of the complaint of this case from December 31, 2008 to November 1, 2018 with respect to KRW 37,142,850, respectively, and each of the said money to Plaintiff A, within the scope of inheritance from F.