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(영문) 울산지방법원 2016.07.01 2016가단4180
보증채무금
Text

1. The Defendants each amounting to KRW 6,00,000,000 and the interest rate of KRW 16% per annum from February 20, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, around 200, lent to the net G (hereinafter “the network”) KRW 30 million at the rate of 16% per annum (400,000 per month) without setting the due date for repayment.

B. After that, the deceased continued to pay the interest on the above loan to the Plaintiff, and paid the interest amount of KRW 400,000,000 on June 11, 2010, KRW 800,000 on July 21, 2010, and KRW 80,000 on October 4, 2010 on the pretext of interest, but did not pay the interest properly from wintering in 2010.

Accordingly, the Plaintiff was issued and delivered a loan certificate (No. 2) to the effect that “Defendant D borrowed KRW 30 million from the Plaintiff on November 26, 2009, and H guaranteed the Defendant D’s obligation to repay the borrowed money,” from Defendant D and the deceased’s wife, who is the deceased’s children.”

C. Defendant D wired each of KRW 400,000 to the Plaintiff on November 12, 2010 and January 20, 2011, in accordance with the agreement under the above loan certificate.

The Deceased died on March 20, 2014, and the Defendants, as their children, succeeded to the Deceased.

(The deceased’s wife died before the Deceased on February 15, 2010). / [based on recognition] Defendant B and D: the judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act) Defendant C and E by public notice (Article 208(3)3 of the Civil Procedure Act). Defendant F: The fact that there is no dispute, each entry in subparagraphs A1 through 4 (including each number), and the purport of the entire pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants are obligated to pay damages for delay calculated at the rate of 16% per annum, which is the agreement between February 20, 201 and the date of full payment of interest thereon, to the Plaintiff, barring special circumstances, as the Defendants inherited the above loans owed by the deceased against the Plaintiff in proportion to their respective inheritance shares. Thus, barring special circumstances.

B. As to the judgment on Defendant F’s defense, Defendant F had the Plaintiff’s claim on the above loans against the Deceased.

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