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(영문) 광주지방법원 2018.07.13 2018가단4937
대여금
Text

1. Within the scope of the property inherited from the network E, jointly and severally with the FLiability Company of the Agricultural Company, and the Defendant A.

Reasons

1. Facts of recognition;

A. On April 8, 2011, the Plaintiff entered into an agreement with the FF limited liability company of the agricultural company (hereinafter “non-party company”) on the transaction of KRW 100,000,00 as the corporate driving fund, with the maturity date on April 5, 2012 (on April 3, 2015), with the interest rate of KRW 3.04% of the CD-limited loan base rate, the maximum delay rate of KRW 19% per annum (the maximum delay rate from December 30, 201 to January 29, 201, the maximum delay rate of KRW 17% per annum as of January 30, 201, and the maximum delay rate of KRW 15% per annum as of January 30, 2015). The Plaintiff set the guarantee limit of Non-party E’s loans as the maximum delay rate of KRW 120,000 and joint and several sureties’s loans as the guarantee limit.

B. Since then, the non-party company did not pay the principal and interest on the expiration date of the loan period to lose the benefit of time, and the amount of KRW 10,000,000 as of November 29, 201 and the amount of KRW 5,340,611 remain, respectively.

C. Meanwhile, the joint and several sureties died on June 12, 2014, and Defendant A, his spouse, succeeded to the property of each network E within the limit of 3/9 shares, and Defendant B, C, and D, their children, within the limit of 2/9 shares.

The defendants filed an inheritance limited recognition judgment with the Gwangju Family Court 2014 Magpo-Ma480 and filed a report on the inheritance limited qualification.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 7, purport of the whole pleadings

2. According to the above facts of recognition, the joint and several sureties, a joint and several sureties, is obligated to pay to the Plaintiff 15,340,611 won and 10,000,000 won of the principal and 15% per annum from November 30, 2017 to the date of complete payment. The Defendants inherited from the network E are jointly and severally liable with the agricultural company FF limited liability company within the scope of the property inherited from the network E and jointly liable to perform the deceased’s obligation according to the ratio of each inheritance share.

Accordingly, Defendant A, who is the heir of the network E, is about KRW 5,113,536 and KRW 3,333 among them, Defendant B, C, and others.

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