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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단15501
양수금
Text

1. The Plaintiff:

A. Defendant A Association, Defendant C, Defendant D, and Defendant E shall jointly and severally pay KRW 55,822,50.

(b).

Reasons

According to the statements in Gap 1, 3, 4, 5, and Gap 2-1, 2, 3, and 4, the following facts may be recognized and there is no reflective evidence.

① On October 22, 2010, New Agricultural Cooperatives (hereinafter “New Agricultural Cooperatives”) leased KRW 500 million to the Defendant Association at the maturity of October 22, 2014, at the interest rate of 2.6%. At the time F, Defendant C, Defendant D, and Defendant E, respectively, jointly and severally guaranteed the above loan obligation to the extent of KRW 650 million.

② On January 12, 2012, F died after having left Defendant D and Defendant B, who is the wife of Defendant C and his/her children, as the inheritor, and Defendant B was subject to a qualified acceptance trial on August 19, 2014.

(3) As of January 28, 2016, the above loan claims remain interest of KRW 55,822,500.

④ On January 29, 2016, Shindo transferred the above loans to the Plaintiff based on Article 30 of the Act on the Structural Improvement of Agricultural Cooperatives, and notified the Defendant AF of the same day.

According to the above facts of recognition, Defendant A Association, Defendant C, Defendant D, and Defendant E are jointly and severally liable to pay KRW 55,822,500 to the Plaintiff. Defendant B is jointly and severally liable with the above Defendants to pay KRW 22,329,00,00, within the scope of the property inherited from the networkF, multiplied by 2/7 of the inheritance ratio.

The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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