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(영문) 서울중앙지방법원 2018.09.20 2017가단47428
대여금
Text

1. The Defendants are jointly and severally and severally with Co-Defendant D, to the extent of the property inherited from the network E, each of which is KRW 17,142,857.

Reasons

On May 29, 2007, the Plaintiff lent KRW 60,000,00 to E on May 29, 2008 with the due date set at 36% per annum, and the co-defendant D provided joint and several surety for the above obligation on the same date; E died on July 1, 2013; the co-defendant F and the Defendants, who are the husband of E, filed a qualified acceptance report under the Seoul Family Court Decision 2013Ra10829 on December 4, 2013, and received the said report on February 12, 2014, there is no dispute between the parties.

According to the above facts, the defendants, as the inheritors of the network E, are jointly and severally and severally liable with the co-defendant D, a joint guarantor, within the scope of inherited property from the network E, and they are obligated to pay interest and delay damages calculated at the rate of 25% per annum for the plaintiff within the scope of the agreed interest rate from May 29, 2007 to the date of full payment for each of the above loans (6 million won x 2/7, and less than won) and for this, from May 29, 2007 to the date of full payment.

Therefore, each claim against the Defendants against the Plaintiff is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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