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(영문) 서울중앙지방법원 2018.07.18 2017가단36657
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from October 6, 2007 to KRW 899,95,677 and KRW 582,90,747 among them.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire arguments in respect of each entry in Gap 1 to 7, Eul 1 and 2, and facts which are significant in this Court:

On January 31, 2008, the Plaintiff filed a claim for loans against Defendant A Co., Ltd. and F, a joint guarantor for each of the above obligations under the loan contract, and was sentenced to the following judgment on January 31, 2008. The above judgment became final and conclusive around that time.

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay 897,95,677 won and 582,990,747 won among them at the rate of 21% per annum from October 6, 2007 to the date of full payment;

B. Defendant F is jointly and severally liable with Defendant A Co., Ltd.

Of the money set forth in paragraph (1), 83,561,649 won and 55,000,000 won among them shall be 21% interest per annum from October 6, 2007 to the date of full payment; (2) 390,000,000 won and 20% interest per annum from December 15, 2007 to the date of full payment; (3) 65,00,000,00 won and 6,525,411 won among them shall be 21% interest per annum from October 6, 2007 to the date of full payment; and (4) 3,525,000 won and 10% interest per annum from December 15, 207 to the date of full payment; and (3) 6,525,411 won shall be paid with interest per annum 21% interest per annum from October 6, 2007 to the date of full payment;

B. On the other hand, as the F died on December 4, 2009, Defendant C, D, and E, their children, filed a report of the inheritance limited approval with the District Court 2017-Ma30318, which received an adjudication to accept the report of inheritance limited approval from the above court on March 23, 2018, and the said adjudication became final and conclusive around that time.

2. According to the above facts of determination as to the cause of the claim, the defendant A Co., Ltd. as the principal debtor and the defendant A Co., Ltd. as the plaintiff.

Defendant C, D, and E are co-sureties’s successors to the network F, a joint and several surety, and the amount calculated according to their respective shares of inheritance from the networkF, within the scope of the property inherited from the networkF, No. 1-B of this case.

subsection (b).

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