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(영문) 광주지방법원 2020.11.10 2020가단631
대여금
Text

The defendants jointly and severally pay to the plaintiff each money stated in the attached list of "amount to be repaid", and the defendant D is deceased.

Reasons

1. Facts of recognition;

A. On January 26, 2010, H Union filed a lawsuit against F, Defendant C, and G seeking loans under the court order 2009Kadan61679, asserting as stated in the grounds for the claim, and rendered a final judgment on January 26, 2010 that “F, Defendant C, and G shall jointly and severally pay to the said H Association the amount of KRW 19,300,000 and the amount of KRW 11.6% per annum from December 6, 2005 to February 5, 2006, and the amount of KRW 19,80,000 as well as the amount of KRW 19% per annum from September 27, 2005 to November 26, 2005, and the amount of KRW 19% per annum from September 27, 2005 to September 26, 2005.”

B. Around January 18, 2011, the Plaintiff merged the said H Association to take comprehensive account of its rights and obligations.

C. On April 9, 2013, G died after having left I, J, Defendant C, K, L, Defendant E, and M, who is the spouse, as legal heir, as his/her spouse. They renounced inheritance, I, J, K, K, L, and M, and Defendant C and Defendant E were qualified.

On November 20, 2017, F died after having left Defendant D and N, who is a legal heir, as his child, and N renounced inheritance, and Defendant D gave up qualified acceptance.

E. Meanwhile, KRW 19,80,000 out of the judgment amount as seen earlier was repaid on May 25, 2010, and was appropriated for interest from September 27, 2005 to October 18 of the same year.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 8, 11 to 15, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination, Defendant D, Defendant C who is the heir of F as the principal debtor, Defendant C as the joint guarantor, and Defendant G’s joint guarantor, as the joint guarantor, are the amount claimed by the Plaintiff within the scope of the inherited debt amount as seen earlier in the case of Defendant D and Defendant E.

The principal of the same loan and interest or delay damages thereon shall be paid, and the defendant D shall be inherited from the net F.

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