logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2013.10.16 2013가단4497
대여금
Text

1. To the extent of the property inherited from Defendant C, D, G, J, K, the networkO:

A. The plaintiff A, 2 million won per each, respectively.

Reasons

1. Basic facts

A. The plaintiffs made loans to non-party Q with claims against the plaintiffs'O, the plaintiff A made loans to the plaintiff on Nov. 1, 2006, the interest rate of KRW 10 million on Nov. 17, 2006, and KRW 10 million on Nov. 17, 2006, with the maturity of one month after each one month. The plaintiff B made loans to the non-party Q with the maturity of KRW 20 million on Apr. 30, 2007, with the maturity of five months after each five months. TheO jointly and severally guaranteed the above loans to the plaintiffs.

B. The death of O and the status Q of the Defendants did not pay the above loans even after the payment period expired. On the other hand, the O died on October 2010, and the Defendant C, D, G, J, and K (hereinafter “Defendant C et al.”) finally jointly succeeded to theO at the ratio of one fifth shares, respectively. Defendant N is the external ginseng of Defendant J and K.

C. On July 15, 2007, while entering into the instant assignment contract, theO owned a loan claim of KRW 25 million against P (hereinafter “the instant claim”). On August 22, 2009, the Plaintiff transferred the instant claim to Defendant N, a creditor of a loan to himself/herself, and thereafter, the Defendant C et al. notified P of the transfer of the claim through his/her legal representative on June 25, 2012, and the said notification reached P around that time.

O’s insolventO did not have active assets at the time of the instant assignment of claims, while, on the other hand, was in excess of obligations because it bears the obligation to borrow loans against the Plaintiffs.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 9, Gap evidence 1 to 1 (including paper numbers), the purport of whole pleadings]

2. Determination as to the plaintiffs' claims against the defendant C and five persons

A. According to the above facts of recognition of joint and several sureties's establishment, five persons, including Defendant C, who inherited the networkO, the debtor of joint and several sureties's debt, are obligated to pay the above borrowed money to the plaintiffs according to their respective inheritance shares.

B. Five persons, such as Defendant C, etc., on the assertion and determination of five persons, including Defendant C, etc., are expected to report the qualified acceptance of inheritance.

arrow