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(영문) 서울중앙지방법원 2016.11.29 2016가단74775
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. and Defendant C shall jointly and severally engage in KRW 786,00,000 and its corresponding amount from October 6, 2016.

Reasons

1. Facts of recognition;

A. Upon lending KRW 540,00,00 on December 6, 2002 to Defendant A Co., Ltd. (former G Co., Ltd.), the loan date was set at 13% per annum, 13% per annum, and 25% per annum (hereinafter “one loan obligation”). On January 24, 2003, the loan date was set at 13% per annum, 13% per annum, and 25% per annum (hereinafter “one loan obligation”); and on January 24, 2003, the loan date was set at 13% per annum, and delay damages rate was set at 25% per annum (hereinafter “second loan obligation”); and around that time, F and H offered each of the above loans as joint and several guarantee limit; and each of the above loans was set at 160,400,000 won.

B. After June 20, 201, part of the principal, interest, and delay damages for the loans 1, 201 and 1, 201 were fully paid, and damages for delay that have not been paid as of January 12, 2016 are KRW 1,309,482,550 (one loan obligations 713,184,623, 297, 927).

C. On September 7, 2012, Franchi Mutual Savings Bank was declared bankrupt in Seoul Central District Court Decision 2012Hau97, and the Korea Deposit Insurance Corporation was appointed as trustee in bankruptcy.

The F died on May 22, 2013, and related thereto, on August 8, 2013, the Suwon District Court rendered a judgment to accept the report of qualified acceptance by Defendant C, a sole inheritor, in the case of inheritance limited recognition by inheritance, which was rendered on August 8, 2013, and confirmed around that time. H died on August 27, 2014, and Defendant D and E, their children, succeeded to H’s property in their respective shares of 1/2.

[Reasons for Recognition] Evidence Nos. 1 through 10, Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as the plaintiff seeks partial claim, the defendant C, a principal debtor, and the heir of F, a joint and several surety, is jointly and severally liable to the plaintiff for 786,00,000 won [476,975,342 won (one loan principal amounting to 540,000,000 won) from January 21, 2007 to June 20, 201.

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