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(영문) 서울중앙지방법원 2015.02.11 2013가단270084
대여금
Text

1. The Plaintiff:

A. Defendant A and G jointly and severally commit 497,575,747 won and 160,383,731 won among them. From May 6, 2013.

Reasons

1. According to the facts of recognition, Gap evidence Nos. 1, 3, Eul evidence Nos. 3, and 4, and the purport of the whole pleadings, the fact that the attached cause of claim and the changed cause of claim (However, the creditor is deemed to be "the plaintiff" and the debtor as "the defendant"), and the fact that the report on qualified acceptance was accepted as of November 18, 2013 with respect to the inherited property of defendant B, C, D, and F as of the deceased H (Death on October 24, 2011).

2. Determination

A. Comprehensively taking account of the above facts of the determination as to the cause of the claim, Defendant A and G are liable for and jointly liable for the obligor of the loans indicated on the ground of the claim, the changed cause of the claim (hereinafter “instant obligation”), and the remainder of the Defendants, as the heir of the network H, are liable to pay the net H’s obligation to the Plaintiff according to the inherited shares.

B. The Defendants asserted that the existence of the instant obligation was recognized, but they also asserted that the right to collateral security was established for the instant obligation with respect to the Defendant-owned apartment 1 and non-party I-owned apartment 1 and non-party I-owned apartment 1 were fully repaid upon the execution of each right to collateral security, and that each right to collateral security was fully satisfied upon the execution of each right to collateral security, or that Defendant A paid all the amount in cash while operating a gas station.

annex but

2. The amount arising from the enforcement of each of the above collective security rights, such as the statement in the statement of the details of loan repayment, is appropriated for the instant debt and the other debt owed by Defendant A to the Plaintiff, and the Plaintiff’s claim for the remaining portion of the debt that has been appropriated, may not be disputed between the parties, or may be recognized by comprehensively taking account of the entries in

This part of the defendants' assertion is not acceptable.

C. On the other hand, the Defendants’ assertion following the declaration of qualified acceptance, and the acceptance of the declaration of qualified acceptance on the Defendant B, C, D, and F’s net H H H H inherited property was also revealed in the above facts of recognition. Therefore, the Defendants’ obligations against the Plaintiff are the deceased H’s inherited property.

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