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(영문) 서울중앙지방법원 2020.10.21 2020가단5045427
대여금
Text

The Plaintiff

A. Defendant C: 130,000,000 won;

B. Defendant D is the property inherited from the deceased G (H and male).

Reasons

1. Facts of recognition;

A. A Co., Ltd. (formerly changed: I Co., Ltd.) granted a loan to Defendant C by setting the maturity of KRW 8 billion on September 18, 2002 as KRW 1.3.18, 2003, annual interest rate of KRW 14%, annual interest rate of KRW 22% per annum, and ② on July 10, 2004, a repayment period of KRW 8 billion was set at the interest rate of KRW 10,000 on January 10, 2004, annual interest rate of KRW 14%, annual interest rate of KRW 22% per annum, and ③ on August 31, 2004, the repayment period of KRW 8 billion was set at the interest rate of August 31, 2005, annual interest rate of KRW 14%, overdue interest rate of KRW 25% per annum and joint and several sureties provided a loan.

(former Guarantee Limit 10.4 billion won. Defendant C lost the benefit of time due to the failure to repay the principal and interest that was due on August 31, 2005, which was due for the repayment of the loan. The balance of the loan as of December 15, 2009 is KRW 1,361,635,924.

B. A Co., Ltd. filed a lawsuit against Defendant C, J Co., Ltd., network G, and K as Seoul Central District Court 2009Gahap112713, and the above court rendered a judgment on January 7, 2010 that “Defendant C, J Co., Ltd, network G, and K shall jointly and severally pay KRW 1,361,635,924 to I, and the above judgment was finalized on January 28, 2010.”

C. On April 30, 2013, A Co., Ltd. was declared bankrupt by Seoul Central District Court 2013Hahap47, and the Plaintiff was appointed as a trustee in bankruptcy.

On the other hand, the deceased on April 29, 2019 inherited the property of Defendant D and his/her spouse, Defendant E and F, the spouse of the deceased. On October 25, 2019, the said Defendants were subject to the Seoul Family Court Decision 2019Hu52823, which was inherited by the said Defendants.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Comprehensively taking account of the facts acknowledged as above, Defendant C is obligated to pay the above loan principal and interest to the Plaintiff, and Defendant D, E, and F are obligated to pay the above loan principal and interest according to their respective inheritance shares within the limits of the net G’s guarantee limit within the scope of the inherited property inherited from the net G.

However, the plaintiff is above.

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