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(영문) 서울중앙지방법원 2015.02.11 2014가단5068320
양수금
Text

1. The Plaintiff:

A. Defendant D and E are within the scope of the property inherited from the deceased H, each of which is KRW 21,301,369.

Reasons

1. Facts of recognition;

A. H borrowed KRW 10,00,000 on February 6, 1996 from the Housing Credit Union (the subsequent change to the Marine Credit Union) as a title of general loan, with the maturity of KRW 10,000 on February 8, 1998, and KRW 20,000 on January 21, 1997 as joint and several surety I and C, with the maturity of KRW 10,000 on January 7, 200, and joint and several surety I and C, with the maturity of KRW 12 months, with the repayment period of KRW 10,000 on April 30, 197 as joint and several surety, and ④ the repayment period of KRW 5,000,000 on December 29, 197 as joint and several surety B, with the maturity of KRW 6 months,000 on December 29, 197 as joint and several surety B and A.

B. As of March 12, 2014, ① A total of KRW 9,825,321, interest 1,308,786, KRW 11,134,107, ② A total of KRW 18,368,326, interest 2,46,761, KRW 20,887, ③ A total of KRW 4,547,933, interest 605,809, KRW 5,153,742, ④ A total of KRW 4,853,315, interest 646,488, and KRW 5,49,803 for a debt shall remain, respectively, as of March 12, 2014.

C. The Plaintiff: (a) acquired claims from the Maritime Credit Union; and (b) the rate of damages for delay determined by the Plaintiff is 17% per annum.

H Deceased on July 19, 2013, Defendant D and E were co-inheritors, their children, and received an application for approval of inheritance-limited inheritance on June 30, 2014 in the case of Gwangju Family Court 2014-Ma133.

E. Around March 22, 2013, Defendant F and G, a child, were co-inheritors, and received an application for the approval of inheritance succession on May 8, 2013 from the Gwangju Family Court Decision 2013 Madan276, which was rendered on May 8, 2013.

F. Therefore, the Defendants are jointly and severally liable to pay the principal and interest of loan to the Plaintiff as stated in paragraph (1) of this Article.

2. Grounds for recognition;

(a) Defendant D, G, or A: Judgment to be rendered as a confession (Article 208(3)2 of the Civil Procedure Act);

(b) Defendant E, F, or B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

3. Defendant C’s defense is a defense that Defendant C’s above loan obligation has expired by prescription. As such, Defendant C’s defense was examined as follows:

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