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(영문) 부산지방법원 서부지원 2018.11.30 2018가단1160
보증채무금
Text

1. The Plaintiff, Defendant B, Defendant B, and Defendant C, to the extent of the property inherited from the network D.

Reasons

1. Basic facts

A. On August 28, 2012, the Plaintiff leased KRW 70 million to F Co., Ltd. (hereinafter “F”) at the maturity of KRW 1.5% (18% per annum) on February 28, 2013. The Plaintiff jointly and severally guaranteed the above loan obligations of Defendant B and Defendant B, whose representative director was F, and Defendant B’s father.

B. F did not pay the principal and interest of the loan after only interest was paid until July 27, 2014.

C. On January 6, 2017, Defendant C (C), Defendant B (A), and E (C) who was the inheritor of D on January 6, 2017 (hereinafter “the deceased”), jointly inherited the deceased’s property according to the inheritance shares.

Defendant B was tried to waive inheritance on March 3, 2017 by the Busan Family Court 2017-Ma488, and E was tried to waive inheritance by the court 2017-Ma359 on the same day, and Defendant C was inherited by the same court 2017-Ma20158 on May 16, 2017

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3, Eul 1, Eul 1, Eul 1, Eul 1, Eul 1, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff is obligated to pay the Plaintiff the instant loan amounting to KRW 70 million as a joint and several surety; ② Defendant C is jointly and severally with Defendant B within the limit of the property inherited from the Deceased (Defendant B and E’s renunciation of inheritance; Defendant C becomes a sole heir for the deceased’s joint and several liability obligations); and each of them is liable to pay damages for delay calculated by the agreement of 18% per annum from July 28, 2014 to the date of full payment, which is the date following the final payment date of interest.

3. Therefore, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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