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(영문) 서울중앙지방법원 2020.11.24 2019가단37166
대여금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 111,622,569 and KRW 93,079,016 among them, Defendant Limited Liability Company B shall be from July 8, 2019 to KRW 20.

Reasons

1. Facts of recognition;

A. In around 2017, the Plaintiff entered into a credit transaction agreement with the Defendant Limited Company B (hereinafter “Defendant Company”). G, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligations under the said credit transaction agreement.

G

B. The Defendant Company lost the benefit of time due to the Defendant Company’s failure to repay the principal and interest of the obligation under the instant agreement, and the details of the principal and interest of the unpaid obligation as of July 8, 2019 are as follows.

C. G: (a) died on July 21, 2018; (b) Defendant D, E, and F, a child, inherited the network G’s property in 1/3 shares, respectively.

Defendant D, E, and F were tried on November 21, 2018 to accept an inheritance limited acceptance by the Ulsan Family Court No. 2018 D, E, and F.

[Ground for recognition] Defendant Company: The fact that Defendant D, E, and F had no dispute, Gap evidence Nos. 1, 2, and 3 (including each number), the purport of the entire pleadings, and the purport of the whole pleadings, as to whether the confession was made (Article 150(3) and (1) of the Civil Procedure Act

2. According to the facts of recognition as to the claim against the defendant company, the defendant company is obligated to pay to the plaintiff the principal and interest of the non-paid debt amounting to KRW 111,62,569, and 93,079,016 among them, 6% per annum under the agreement from July 8, 2019 to July 9, 2020, the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. According to the above facts finding as to the claims against Defendant D, E, and F, Defendant D, E, and F are jointly and severally with the Defendant Company, and Defendant D, E, and F are within the limit of KRW 8,00,00 inherited property from the network G, and KRW 7,60,450 (= KRW 22,981,351 x KRW 1/3,000 x less than won; hereinafter the same shall apply) within the limit of KRW 5,859,872 (= KRW 17,579,618 x 1/3) within the limit of KRW 32,00,00,00, KRW 29,547,072 (= KRW 8,641, 218 x 1/3) within the limit of KRW 1/646,756, May 6, 766>

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