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(영문) 서울중앙지방법원 2016.11.29 2016가단85935
대여금
Text

1. The Plaintiff:

A. As to KRW 76,191,478 and KRW 45,600,00 among Defendant B, Defendant B shall be from May 13, 2016 to August 23, 2016.

Reasons

The Plaintiff loaned 76 million won to D on July 20, 2006 at the interest rate of 4.14% per annum, interest rate of 12.14% per annum, Defendant A Co., Ltd. at the rate of 98.8 million won, Defendant A Co., Ltd. at the joint and several surety within the limit of KRW D’s debt, D’s death after Defendant B and ASEAN, who is the spouse on October 11, 2012, left his heir, and died; Defendant C received the Seoul Family Court Decision on October 31, 2016 on the approval of re-determination inherited as the Seoul Family Court Decision 2016Hun-Ma5745, May 12, 2016; Defendant C’s outstanding principal and interest of the loan at the rate of 126,985,798 (the agreement between the Plaintiff and the Plaintiff, 1837,616,418, etc. at the rate of overdue interest between the Plaintiff and Defendant C Co., Ltd.

According to the above facts, Defendant B and C are the deceased’s successors, and they are obligated to repay the above principal and interest of the loan according to their respective inheritance shares, and Defendant C is obligated to pay within the scope of the property inherited from the network D, and Defendant A is obligated to pay the equivalent amount of the guaranteed amount of the principal and interest of the above principal and interest.

As to this, Defendant C alleged that the loan was fully repaid, but there is no evidence to acknowledge this, the above assertion is without merit.

The plaintiff's claim is justified, and all of them are accepted, and it is so decided as per Disposition.

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