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(영문) 서울중앙지방법원 2019.06.13 2018가합554609
양수금
Text

1. Within the scope of the property inherited from Non-Party C, to the Plaintiff:

(a) Appointors D, 1622,395 won and 165 won; and

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5, and Eul evidence 1:

on May 18, 2016 and on May 24, 2016, QA borrowed funds from RB (hereinafter “RB”) with the following contents as the loans (hereinafter the above loans on May 18, 2016 referred to as “first loan”; and on May 24, 2016, each of the above loans was referred to as “second loan”; and C jointly and severally guaranteed obligations under each of the instant loans agreement within the limit of KRW 120,000 and KRW 1,920,000,000.

Division 1 Loans 1 Loans 1 Loans 1 Loans 1 Loans 1 Loans 1 Loans 1 Loans 2 Loans 1,00,000,000 won (1,60,000,0000 won) on May 24, 2016, May 24, 2016, and 1,920,000 won (limited guarantee) on May 18, 2017, 3% interest rate of 1.3% (1,2.3% interest rate of 15% per annum per annum 15% per annum on March 27, 2017, 2017, financial bonds 1.20,000 won per annum 1,20,000 (limited guarantee) on the guarantee amount of 1,920,00,000 won (limited guarantee).

B. As of July 20, 2017, the balance of each of the instant loans is KRW 1,674,541,125 as follows.

1. Loan 8,091,142 won 265,990 won 8,357,132 won 6,183,993 won 1,66,183,993 won 1,666,183,991,142 won 66,49,983 won 1,674,541,125 won 1,125 won 2 loan 1,666,183,93

C. Each of the instant loans was transferred through S Co., Ltd. on September 1, 2017 to the Plaintiff on September 29, 2017, and each of the instant claims assignment notice reached QA at that time.

C died on June 10, 2018.

T and U, the spouse of the deceased C (hereinafter “the deceased”), is the deceased’s heir, and T and U, the spouse of the deceased, was tried on August 8, 2018 to accept the report of renunciation of inheritance under the Incheon Family Court 2018-Ma2111. On April 10, 2019, the Defendant (Appointed Party) and the appointed parties, the next-order heir of the deceased, were tried to accept the report of qualified acceptance under the Incheon Family Court 2019-Ma566.

(e).

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