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(영문) 수원지방법원 성남지원 2018.10.24 2018가단7084
보증채무금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 418,32,912 and KRW 169,115,159 among them.

Reasons

1. Facts of recognition;

A. On January 12, 2012, more Bable Savings Bank Co., Ltd. extended a loan of KRW 292,00,000 per annum to E Co., Ltd., 14.9% per annum of overdue interest rate (in the case of more than three months per annum), 25% per annum of overdue interest rate (in the case of more than three months per annum), and 48 months of loan period (hereinafter “instant loan”), and Defendant A and D guaranteed the instant loan obligations.

B. E Co., Ltd. is liable for the remainder of the loan debt of this case from March 21, 2013 to delay the loan debt of this case from April 5, 2018 as follows.

The remaining overdue interest of KRW 162,957,928 of the remaining principal of the loan (as of March 22, 2016) (as of March 22, 2016) (the remaining overdue interest of KRW 86,089,034, the remaining overdue interest of KRW 170,791, the aggregate of KRW 418,32,912 of the remaining overdue interest of KRW 162,97,912

C. Pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry on December 28, 2012, the claims of the more Bable Savings Bank were transferred to the Bank, and the said decision on the transfer of contracts was publicly announced on a daily newspaper on December 29, 2012.

However, on September 2, 2014, the Gisung Savings Bank was merged with the Plaintiff.

On the other hand, D died on May 29, 2016, and his heir was the Defendant A and B, the spouse, and the statutory inheritance portion is the Defendant A and B, the spouse, and the Defendant B and C respectively.

E. On July 10, 2018, Defendant B was adjudicated to accept a report on qualified acceptance of inheritance of the deceased D’s property as the Incheon Family Court Decision 2018Ra1771.

[Recognizing Facts] Defendant A, Defendant B: Each description of evidence No. 1, No. 3, and No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants (Defendant B and C are jointly and severally with Defendant A) are obligated to pay the Plaintiff the following money. A.

Defendant A is the heir of D, who is a debtor E company’s debt guarantee and joint guarantor, among D’s debt, the total amount of the principal and interest of the instant loan debt of KRW 418,332,912.

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