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(영문) 서울중앙지방법원 2015.10.15 2014가합594593
양수금
Text

1. The defendant shall within the scope of the property inherited from the deceased B, as well as KRW 707,630,767 among them, and KRW 166,463 among them.

Reasons

1. Basic facts

A. On September 2, 2002, Korea Bank entered into a loan agreement with S.S. Co., Ltd. on September 2, 2002, and B jointly and severally guaranteed the debt of S.S. Co., Ltd. under the above loan agreement within the limit of KRW 250,00,000.

17% per annum 17% per annum on September 190, 2002, general loans for enterprise driving, the maximum amount of credit extended under the contract classification (won) in arrears;

B. C. S. S.C.

As of November 24, 2014, the amount of debt to the defendant under the loan agreement of this paragraph is KRW 166,463,79 as principal and KRW 541,16,968 as of November 24, 2014, totaling KRW 707,630,767 as of KRW 166,469.

C. On December 14, 2012, Korea Bank Co., Ltd. and Hyundai Swiss2 Savings Bank Co., Ltd. A.

The contract was concluded to transfer all of the loans under the loan agreement, and the above assignment of claims was notified to C.O.S., and the Hyundai Swiss 2 Savings Bank was merged with the plaintiff after the merger.

B The heir died on July 12, 2005, and the husband C, son, son D, and the defendant were the inheritor, but C and D were judged to waive inheritance under the Incheon District Court Decision 2005Ra1959. The Defendant was tried to grant qualified acceptance by the Incheon District Court Decision 2005Ra1958.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap 2, 3, and 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the amount of KRW 707,630,767 of the principal and interest of the loan and KRW 166,463,79 of the principal from November 25, 2014 to October 15, 2015, which is the date of this decision, to the extent of KRW 250,000,000 of the annual interest rate in arrears and KRW 20% of the interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, to the extent of KRW 166,463,79 of the principal and interest of the loan within the scope of property inherited from the net B.

3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition.

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