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(영문) 대구지방법원 2016.03.17 2015가합206281
양수금
Text

1. The Plaintiff, Defendant A and B shall be jointly and severally, and Defendant C shall be within the scope of the property inherited from the network D.

Reasons

1. Basic facts

A. On February 10, 200, the bankrupt, Yong-Nam General Finance Co., Ltd. established and lent 10 billion won at an overdue interest rate of 25% per annum to the network D on February 10, 200, and Defendant A, B, and Nonparty E jointly and severally guaranteed the net D’s above loan obligations.

B. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed an application with the Daegu District Court for the payment order of loans against the network D, Defendant A, B, and Nonparty E under the Daegu District Court No. 2006 tea209, Feb. 19, 2006, and the payment order was finalized to the effect that “The Network D, Defendant A, jointly and severally, shall pay to the Korea Deposit Insurance Corporation KRW 2,757,246,408, and the amount equivalent to 12% per annum from February 10, 200 to February 10, 201, and 25% per annum from the following day to the date of full payment.”

(hereinafter “Prior Payment Order”) C.

In addition, the Korea Deposit Insurance Corporation filed a lawsuit against Defendant B and Nonparty E on the loans claim amounting to the Daegu District Court 2006Kadan70889. On August 1, 2006, the Plaintiff (former Company Reorganizationd Financial Corporation) received the above loans claim amount from the Korea Deposit Insurance Corporation and succeeded to the said case.

On November 9, 2006, the above court rendered a ruling that "Defendant B and Nonparty E shall jointly and severally pay to the Plaintiff 8,445,413,173 won and 2,757,246,408 won, which shall be 25% per annum from April 3, 2004 to the date of full payment," and the above ruling became final and conclusive on November 28, 2006.

(hereinafter “Prior Judgment”) D.

On the other hand, the Defendants paid KRW 191,104,39 to the Plaintiff. On September 23, 2015, the remaining loan principal to be paid by the Defendants became KRW 2,566,142,009.

The deceased on April 21, 2015, the deceased on April 21, 2015, there are wife F, children G, H, and Defendant C.

F, G, and H filed a declaration of renunciation of inheritance with the Daegu Family Court Decision 2015Radan1446, Jun. 30, 2015, and the Defendant C was tried to accept the said declaration.

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