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Reasons
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(영문) 서울중앙지방법원 2015.12.10 2014가단254737
대여금
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1. The Plaintiff, within the scope of the property inherited from the network D, Defendant A:

A. Defendants A, B, and C are jointly and severally liable.

Reasons

1. Facts of recognition;

A. On September 26, 2013, the bankrupt debtor, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) was declared bankrupt in the bankruptcy petition case No. 2013Hahap139, Seoul Central District Court (hereinafter “Bankruptcy debtor”), and the Plaintiff was appointed as the bankruptcy trustee.

B. On February 16, 2007, the bankruptcy and financial officer extended 5 billion won interest rate of delay to E Co., Ltd. (FF Co., Ltd. before the change; hereinafter “E”), 23% per annum, and the expiration date of the credit period was determined on February 16, 2010, and D guaranteed E’s debt, and Defendant C provided collateral.

(c) On December 23, 2008, the bankrupt debtor lent KRW 300 million to E on June 23, 2009, and on the same day D and Defendant B jointly and severally guaranteed (hereinafter “second lending”).

On March 18, 2009, the bankrupt debtor lent KRW 1.1 billion to E on June 18, 2009, the expiration date of the credit period was determined and lent as June 18, 2009. On the same day D and Defendant B jointly and severally guaranteed, and G and Defendant C provided security.

(e) On December 30, 2009, the bankrupt debtor lent 600 million won to E on June 30, 2010, and on the same day D and Defendant B jointly and severally and severally guaranteed (hereinafter “4 loans”). (f) The remaining amount of the loans of Nos. 1 through 4 as of October 1, 2014 is as listed below:

The remaining principal and damages for delay remaining after the temporary loan amount shall be KRW 2,604,38,538 won on February 16, 2007; KRW 130,176,913 won on December 3, 2008; KRW 60,834,947 won on March 18, 2009; KRW 294,549,761 won on December 30, 2009; KRW 3,089,945,159 won on December 30, 2008.

G. On March 24, 2012, D died, and H, I, and G, their children, were subject to the Seoul Family Court 2012 D’s decision of renunciation of inheritance, and Defendant A, his spouse, was subject to the same court’s decision of refusal of inheritance. Defendant A, who was the spouse, was subject to the same court’s decision of refusal of inheritance.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 2-9, and the purport of the whole pleadings.

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