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(영문) 광주지방법원순천지원 2015.08.27 2014가단21551
대여금
Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

A. Defendant A is 32,387,970 won and 10,342.

Reasons

1. Basic facts

A. On June 30, 1999, the Plaintiff loaned 30 million won to F on June 30, 2000 on the date of repayment (this is extended to June 30, 2004), interest rate of 13.95% per annum, and delay compensation rate of 19.25% per annum, and E jointly and severally guaranteed this amount.

(hereinafter “instant loans”). (b)

Since then, the Plaintiff filed an application with F and E for a payment order claiming the repayment of the instant loan, claiming that F and E have lost a benefit due to the failure of F to pay interest on the loan. On February 27, 2004, the Busan District Court ordered F and E to jointly and severally pay the principal and interest of the instant loan, and the said payment order became final and conclusive on March 18, 2004.

C. The balance of the principal and interest of this case is KRW 97,342,81 in total as of October 21, 2014 (i.e., the balance of the depreciation principal of KRW 31,027,319, and KRW 20,057,198 overdue interest of KRW 46,079,394 in total).

On March 7, 2008, the E deceased on March 7, 2008, and succeeded to the network E by Defendant A, Defendant C, and D, their wife, and Defendant A and B received the adjudication on qualified acceptance of each inherited property under the above court’s 2009-Ma785 on July 8, 2009, as the 2009-Madan535, Gwangju District Court’s Netcheon Branch, and Defendant C and D received the adjudication on qualified acceptance of each inherited property on October 14, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 1, Eul evidence 1, Eul evidence 1 and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendants are liable to pay the principal and interest of this case to the plaintiff to the extent that they inherit from the deceased E, a joint guarantor.

If this is calculated by inheritance shares, Defendant A is the principal of KRW 10,342,439 (=31,027,319 (x inheritance shares of KRW 31,027,319) and KRW 22,045,531 (=6,136,592 KRWx inheritance shares of KRW 3/9) plus KRW 32,387,970; the remaining Defendants are the principal of KRW 6,894,960 (= KRW 31,027,319 KRW 2/9) and the interest, etc. of KRW 14,697,020 (= KRW 66,136,592 KRW 2/99), plus inheritance shares of KRW 21,591,90).

Therefore, the Plaintiff is from the deceased E.

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