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1. The Plaintiff:
A. Defendant B Co., Ltd. shall be KRW 350,000,000 and its amount shall be from August 13, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 28, 2016, the Plaintiff: (a) lent KRW 350,000,000 to Defendant B Co., Ltd. (hereinafter “B”); (b) on August 12, 2016, the Plaintiff agreed to receive damages for delay calculated at the rate of 15% per annum if the Defendant B delayed the repayment.
B. On the same day, D, the representative director of Defendant B, guaranteed Defendant B’s above loan obligation.
C. D A deceased on February 26, 2017, and D’s inheritor was Defendant C and E.
On March 20, 2017, Defendant C filed a report on qualified acceptance of the deceased D’s inheritance, and was tried to accept the said report with the Suwon District Court 2017Ra679 on August 7, 2017. On March 20, 2017, E filed a report on the renunciation of inheritance on the deceased D’s inheritance, and the Suwon District Court 2017Ra678 on May 23, 2017 accepted the said report.
[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 1, and fact-finding of this court's tolerance and viewing, the purport of the whole pleadings
2. According to the facts found in the determination as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 350,000,000 borrowed money and damages for delay calculated at the rate of 15% per annum from August 13, 2016 to the date of full payment after the due date.
3. Determination as to the claim against Defendant C
A. According to the facts found in the determination as to the cause of the claim, D was a joint and several surety for the debt borrowed to the Plaintiff by Defendant B and Defendant C was the sole heir of the network. Thus, barring any special circumstance, Defendant C is jointly and severally liable with Defendant B to pay to the Plaintiff KRW 350,000,000 and damages for delay.
B. Defendant C asserted that Defendant C had limited inheritance on the net D’s inheritance of property.
On March 20, 2017, Defendant C filed a qualified acceptance report and accepted such report on August 7, 2017.