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(영문) 인천지방법원 2015.02.12 2014나3160
양수금
Text

1. Of the judgment of the court of first instance, the parts concerning Defendant A, F, C, Defendant D, E, and Appointors are as follows:

Reasons

1. Facts of recognition;

A. On May 26, 1998, the Gyeonggi Bank loaned KRW 10,000,000 to I, and the co-defendant G of the first instance trial jointly and severally guaranteed the above obligation to the Gyeonggi Bank Co., Ltd., Ltd., and the plaintiff is the transferee of the above obligation against I by the Gyeonggi Bank.

B. The interest rate applicable to the above loan is 27% per annum from May 26, 1998 to June 21, 1998, 25% per annum from the next day to October 8, 1998, 21% per annum from the next day to January 31, 1999, and 18% per annum from the next day to that.

C. Although the above I died on September 19, 200, the first-class co-inheritors, renounced their inheritance and succeeded to the above I’s property by H, Defendants B, C, Defendant (Appointed Party) D, E, and the appointed parties, who were the siblings of the above I. As the above H died on June 5, 2004, Defendant A inherited the above H’s property solely.

On July 31, 2014, the Incheon District Court accepted the report on the qualified acceptance by the Defendant (Appointed Party) who is the decedent of the above I (the Incheon District Court 2014Ra1888), and the Seoul Family Court accepted the report on the qualified acceptance by the Defendant A, who is the decedent of the above H, on October 15, 2014.

[Ground of recognition] The fact that there is no dispute, the fact that Gap is deemed to have been led to a confession because it was not clearly disputed, and the purport of Gap's evidence 1 through 5, Eul's evidence 5, 8, 9 (including each number in case of additional statement) and the purport of whole pleadings

2. According to the facts of the above recognition, Defendant A, F, C, Defendant D, E, and the designated parties are jointly and severally with Defendant G of the first instance trial; Defendant A is within the limit of the property inherited from the network H; Defendant D, E, and the designated parties, within the limit of the property inherited from the network I; Defendant D, E, and the designated parties, respectively, within the limit of the property inherited from the network I; and 27% per annum from May 26, 1998 to June 21, 1998; from that date, 25% per annum from that date until October 8, 1998; and from that date until January 31, 1999; and from that date, from that date until January 31, 1999.

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