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(영문) 서울서부지방법원 2017.01.13 2015가단246684
양수금
Text

1. The Plaintiff, jointly and severally, shall be the Plaintiff:

(a) within the scope of the property inherited from the net F, Defendant A shall be KRW 179,447,125; and

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. loaned F the amount of KRW 20,000,000 on June 18, 1997 to F, and KRW 30,000,00 on November 4, 1997, respectively, and G jointly and severally guaranteed F.

The Plaintiff acquired the above loans through Solomon Savings Bank.

On October 8, 2015, debts of loans as of October 8, 2015 are 129,176,845 won including principal and interest, and 270,280 won including provisional payment.

B. On April 24, 2007, G: (a) died on April 24, 2007, Defendant A (3/13), F, Defendant B, C, D, and E (2/13 respectively), who is his/her spouse, succeeded to the property; and (b) the above successors were fully accepted by the Jeonju District Court’s Gunsan Branch 2007Mono234.

After that, the defendant A, who died on October 9, 2008 and solely succeeded to property, was accepted as the Jeonju District Court 2016B37.

Grounds for Recognition: Facts without dispute or significant facts, Gap 1 through 7, Eul 1, 2, the purport of the whole pleadings

2. The Defendants asserted that the above loans have expired by prescription.

However, according to the records in Gap 7, since the Solomon Savings Bank received a payment order from F and G as Seoul Central District Court 2005 tea53180, and it is recognized that it became final and conclusive on November 26, 2005 and January 13, 2006, the statute of limitations defense is suspended, and the statute of limitations defense is without merit.

Therefore, Defendant A, from G and F, and the remaining Defendants are obligated to repay the above loans within the scope of each inherited property inherited from G from G, according to their respective inheritance shares.

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