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(영문) 서울중앙지방법원 2017.09.21 2015가단5352107
양수금
Text

1. The Plaintiff:

(a) Defendant A: 15 million won;

B. Defendant B, C, and D are the scope of the property inherited from the network E.

Reasons

1. Facts of recognition;

A. The father E of the Defendants, on August 9, 2007, extended a loan of KRW 50 million (hereinafter “instant loan”) from the Korean Bank Co., Ltd. (hereinafter “Korea Bank”), Defendant A jointly and severally guaranteed the Defendant A’s above loan obligation by setting the guarantee limit amount of KRW 60 million to Korea Bank on the same day.

B. Defendant A and Defendant E, a joint and several surety, failed to repay the instant loan obligations, and as of October 30, 2015, there remain the liabilities of KRW 80,265,834 in total of KRW 41,752,693 in the loan principal and overdue interest of KRW 38,513,141 in total.

C. On the other hand, the Plaintiff received the instant loan claim from the Korea Bank, the Korea EF&A Specialized Company, and the Korea EF&A Specialized in Asset-Backed Securitization, through the NFS Deposit Bank, and the Korea EFA Specialized Company was duly notified of the transfer of each of the above claims.

On the other hand, on December 28, 2011, E succeeded to the property of the Defendants, who were their children. After that, Defendant B, C, and D received the Seoul Family Court Decision 2012Ra2113 on May 10, 2012, which received an adjudication on acceptance of a report on inheritance limited recognition as the Seoul Family Court Decision 2012Ra2113.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 3-4, Gap evidence 5-1, 2, 3, Gap evidence 5-6, Gap evidence 7-1, Eul evidence 7-1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant A, the inheritor of E, had already been granted immunity from the court with respect to his/her obligations as the principal obligor with respect to the instant loan obligations.

A. Pursuant to their respective inheritance shares, the Plaintiff is obligated to pay KRW 15 million (60 million x 1/4) as sought by the Plaintiff within the limit of KRW 60 million, which is the maximum guarantee amount of KRW 80,265,834 among the total principal and interest of loan remaining 80,265,834, which is the maximum guarantee amount of KRW 60,000,000,000, and Defendant B, C, and D are obligated to pay such amount within the scope of the property inherited from the network E.

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