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(영문) 광주지방법원 2015.07.14 2014가단58004
대여금
Text

1. C and the Plaintiff jointly:

A. Defendant A shall within the scope of the property inherited from the network D, 10,131.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in each entry in Gap evidence 1 to 15, by integrating the whole purport of the pleadings:

On October 1, 1998, the Plaintiff loaned 30,000,000 won to C at the interest rate of 17.5% per annum, 25% per annum, and 1 October 2000, respectively.

B. D and E stand their respective joint and several debt obligations against the Plaintiff on the same day.

C. On February 13, 2006, the Plaintiff received dividends of KRW 11,685,684 in a voluntary auction procedure for real estate owned by C as to the above loan obligation.

E repaid 18,674,661 won to the Plaintiff on April 28, 2006.

E. By appropriating the said dividend and reimbursement to the principal and expenses, C’s balance of the said loan to the Plaintiff remains KRW 20,263,333 for interest in arrears.

F. On September 23, 2014, D died, and there is Defendant A, B, and F, a lineal descendant as his inheritor. F renounced D’s inheritance, and Defendant A, a qualified acceptance of D’s inheritance.

2. According to the above facts of recognition, the Defendants, a joint and several surety D’s heir, are jointly and severally liable to the Plaintiff according to their respective inheritance shares, and the Defendant A, within the scope of the inherited property from D, are obligated to pay KRW 10,131,66 won (=20,263,33 won x 1/2) and KRW 10,131,666, respectively.

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

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