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(영문) 서울중앙지방법원 2014.11.18 2013가합534952
양수금
Text

1. The Plaintiff:

A. As to the defendant A corporation 235,255,063 won and 150,000,000 won among them:

B. Defendant B is deceased.

Reasons

1. Basic facts

A. On June 22, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) extended loans to the Small and Medium Business Corporation at the interest rate of KRW 150 million at the rate of 5.35% per annum, 12% per annum, 1 year, and 2 years, with a view to equal installments every three months, and the network D (hereinafter “the network”) jointly and severally guaranteed the above loans to the Small and Medium Business Corporation.

B. On May 25, 2012, the Plaintiff was transferred by the Small and Medium Business Corporation the above loan claims and joint and several surety claims against Defendant Company and the Deceased.

On July 17, 2012, the Small and Medium Business Corporation notified the Defendant Company and the Deceased of the above assignment of claims, and around that time, the above notification arrived at the Defendant Company and the Deceased.

C. As of July 19, 2013, a loan claim against the Defendant Company as of July 19, 2013 is the total of KRW 150 million in principal and overdue interest of KRW 85,255,063 in total and KRW 235,255,063 in total.

Meanwhile, on October 7, 2013, the deceased died on October 7, 2013, E, his inheritor, was subject to the adjudication on renunciation of inheritance as the same court 2013 Madan2572, and Defendant B and C, his spouse, were inherited to Suwon District Court 2014Ra19.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the factual basis of the determination as to the cause of the claim, as to ① KRW 235,255,063 and the principal of KRW 150,00,00 among them, Defendant Company: ② to the extent of the property inherited from the Deceased, Defendant B jointly and severally with the Defendant Company within the extent of the property inherited from the Deceased, KRW 141,153,037 (won 235,255,063 x 3/5,063 x fewer than KRW 3/5,000 among the above money); ③ to the extent of the property inherited from the Deceased, Defendant C jointly and severally with the Defendant Company within the extent of the property inherited from the Deceased, KRW 94,102,02,025 (won 235,25,063 x less than KRW 22/5,000 among the above money) and KRW 60,00,000 among them.

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