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Reasons
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(영문) 서울중앙지방법원 2020.12.22 2020가단5112716
양수금
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1. The Plaintiff:

(a) Defendant B and C are jointly and severally 132,425,661 won;

(b) the scope of the property inherited from the net H;

Reasons

1. Facts of recognition;

A. Defendant B borrowed KRW 1,00,000,000 from Defendant I (hereinafter “I”) on March 18, 2008 (hereinafter “instant loan”); on the same day, Defendant C guaranteed KRW 1,300,000,000; H guaranteed KRW 200,000,000; and H guaranteed Defendant B’s joint and several surety (hereinafter “joint and several surety”).

B. On September 25, 2019, I transferred the instant loan claims and joint and several liability claims to the Plaintiff, and around that time notified Defendant B, C, and H of the assignment of claims.

C. On February 9, 2018, H died, and there was Defendant E, F, C, and G, the husband of his husband, Defendant D, F, C, and G. However, Defendant D, E, and G filed a report of inheritance limited recognition (Seoul Family Court Decision 2020 Ra4318), and the said court accepted the report on September 9, 2020.

At present, interest remaining on the loan of this case is KRW 132,425,661.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the following facts are established: (a) Defendant B and C jointly and severally; (b) Defendant B and C jointly and severally with Defendant B and C to the extent of the property inherited from the network H; (c) Defendant D to the extent of the property inherited from the network, jointly and severally with Defendant B and C; (d) KRW 132,425,661; (b) Defendant D to the extent of the property inherited from the network; (e) KRW 36,116,089 (i) x KRW 3/11 of the inherited property x KRW 3/11 of the inherited property x less than KRW 24,07,392, KRW 24,425,61 (i) x KRW 2/11 of the inherited property x KRW 24,425,61 of the inherited property x KRW 24,425,6111 of the inherited property x Defendant B and C.

3. In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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