logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.29 2015나37794
대여금등
Text

1. Revocation of a judgment of the first instance;

2. The Defendants each do to the Plaintiff within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. On March 17, 2008, the Plaintiff loaned 18,000,000 won as the fund for the lease of common housing to E at an interest rate of 4.5% per annum, 9% per annum, and 17 March 2010 on repayment date. At that time, the network D set the guarantee limit amount as 23,40,000 won, and jointly and severally guaranteed the above principal and interest obligation of E with respect to the Plaintiff (hereinafter “instant guarantee”).

B. E did not pay interest on the above loan and lost the benefit of time as of October 20, 209, and as of April 18, 2014, E remains 24,964,437 won (such as principal amount of KRW 18,00,000,000).

C. The network D died on September 4, 2008, and the Defendants, the heir, were the Defendants’ children.

Meanwhile, on April 7, 2015, the Defendants filed a report on the approval of the fixed-term inheritance with the Suwon District Court 2015Radan54, and the report was accepted.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 to 1 (including branch numbers) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff KRW 11,700,000, respectively, within the scope of the property inherited from the network D (i.e., guarantee limit amount of KRW 23,400,000 x inheritance shares of KRW 1/2).

3. The defendants' assertion that the warranty period of this case has expired after the lapse of the above repayment period, so long as the network D does not agree to the extension of the repayment date of the above loan (recontract), the defendants' assertion that there is no guarantee liability.

However, there is no evidence to prove that an agreement was concluded between the Plaintiff and E to extend the repayment date of the above loan, and even if an agreement was concluded to extend the repayment date, the guarantee period is extended between the obligee and the principal obligor in a continuous claim relationship, but the guarantee period is between the guarantor and the guarantor.

arrow