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(영문) 부산지방법원 2014.12.18 2013가단106457
대여금
Text

1. Defendant B, Defendant B, Defendant C, and D, within the scope of property inherited from the network E.

Reasons

1. Basic facts

A. On July 2, 2004, Plus Mutual Savings Bank Co., Ltd. loaned 13% per annum to E with interest rate of 13% per annum, 19%, and 30,000,000 won with comprehensive passbook loan in the credit subject, and the interest, etc. is not paid on the given date, the compensation for delay should be paid immediately to the amount to be paid, and in the case of a comprehensive passbook loan, the compensation for delay should be paid immediately to the amount exceeding the limit amount due to this resource, etc.

B. As of August 23, 2004, the loan balance remains 30,571,416 on the basis of the last date of the payment of interest on the loan in arrears.

C. Plus Mutual Savings Bank was declared bankrupt on June 27, 2006 by Busan District Court 2006Hahap1, and the plaintiffs were appointed as bankruptcy trustee.

On the other hand, after the death of June 13, 2009, the Defendants, a sibling, succeeded to E by giving up the inheritance of his lineal descendant who is the inheritor, and Defendant C and D respectively approved the inheritance limited.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B is a joint and several surety, and Defendant C and D are obligated to pay, within the scope of the property inherited from the deceased, 10,190,472 won (=30,571,416 x 1/3) within the scope of the property inherited from the deceased, jointly and severally with Defendant B, each of the above loan balance (=30,571,416 x 1/3) and damages for delay at the rate of 19% per annum from August 24, 2004 to the day of full payment, each of which is the agreed interest rate for delay from August 24, 2004.

3. If so, the plaintiffs' claims are reasonable, and it is so decided as per Disposition by admitting them.

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