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(영문) 부산지방법원 2016.07.22 2015가단6223
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed on KRW 81,018,163 and KRW 22,00,000 among them, from June 30, 2016.

Reasons

1. Indication of claim;

A. On June 30, 199, E obtained a loan of 22,200,000 won from the Busan East Fisheries Cooperatives, and Defendant A and B jointly and severally guaranteed the above loan obligations.

B. The Plaintiff received the above loan claims on September 18, 2012. The sum of the principal and interest as of December 1, 2014, as of December 1, 2014, is KRW 81,018,163 (= Principal KRW 2,220,000 or delay damages).

C. Meanwhile, upon the death of E on June 26, 2014, Defendant C, his spouse, was jointly inherited the E’s 3/9 shares, and Defendant D, his child, 2/9 shares, respectively.

Therefore, Defendant A and B are jointly and severally liable for KRW 81,018,163 and 22,200,000 among them, and Defendant C is jointly and severally liable for KRW 81,018,163 among the above 81,018,163 won (i.e., KRW 81,018,163 x less than KRW 3/9 and less than KRW 3/9; hereinafter the same shall apply) and 7,40,000 among them (= KRW 22,20,000 x 3/9). Defendant D is jointly and severally and severally liable for the above 81,018,163 won (= KRW 81,018,163 x 2/93 x 2/163 x 2/9) and for the claim for late payment damages x 203,3300 x 205 x 206 x 2016 x 206.20

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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