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(영문) 서울중앙지방법원 2017.04.21 2016나47224
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is jointly and severally liable to the plaintiff with the co-defendant B of the first instance trial.

Reasons

1. Facts of recognition;

A. On September 10, 1996, the network C obtained a loan of KRW 50 million (hereinafter “instant loan”) at the rate of overdue interest rate of 16% (applicable from November 26, 1999) from the Seoul Mine Credit Cooperative on April 10, 1996, and the co-defendant B of the first instance trial (hereinafter “B”) jointly and severally guaranteed the above loan obligations.

B. The instant loan claim was transferred to the Plaintiff on May 15, 2002, and the notification of the transfer of the claim was made to the deceased C on May 29, 2002.

C. As of July 1, 2004, the instant loan claim amounting to KRW 95,498,627 (= principal interest of KRW 37,616,153 at interest rate of KRW 57,882,474).

On October 1, 2004, the Plaintiff filed a lawsuit against the deceased C and B seeking the payment of the instant loan claims, and on October 1, 2004, “The deceased C and B shall jointly and severally pay to the Plaintiff 95,498,627 won and the principal amount of KRW 37,616,153, 16% per annum from July 2, 2004 to July 30, 2004, and 20% per annum from the next day to the date of full payment.” The Plaintiff was sentenced to a favorable judgment (Seoul Central District Court 2004Da223437) and the above judgment became final and conclusive as it is.

E. The deceased on May 2, 2013, and the Defendant, B, D, E, and F, their children, inherited each of the instant loans by 1/5 shares.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is jointly and severally obligated to pay the amount of KRW 13,176,494 (=65,882,474 (=65,882,474) and the principal amount of KRW 1,60,000 among the defendant's share of inheritance and the interest amount of KRW 57,882,474 from July 2, 2004 to July 1, 2004 and KRW 65,882,474 (=5,882,474,00) and the interest amount of KRW 1,60,00 (8,000,000,000/5) and the interest amount of KRW 1,60,000 among them (8,000,000 per annum from July 2, 2004 to July 30, 2004).

3. Accordingly, the plaintiff's claim is reasonable.

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