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(영문) 서울중앙지방법원 2017.10.24 2016가단94304
보증채무금
Text

1. The Plaintiff:

A. Defendant B, C, D, and E are jointly and severally and severally with F, KRW 12,50,000 and shall be fully repaid from August 3, 2017.

Reasons

1. Basic facts

A. On August 8, 1997, the Yeongdeungpo Mutual Savings and Finance Company Co., Ltd. lent money under the joint and several sureties (Defendant A’s guarantee limit of KRW 50,000,000) by Defendant A and the network G, with the interest rate of KRW 900,000 per annum 16.5% per annum, and with the repayment date of August 8, 1998.

B. On December 16, 200, the Yeongdeungpo Mutual Savings and Finance Company Co., Ltd. transferred the above loan claims to the Korea Asset Management Corporation, and on September 18, 2012, the Korea Asset Management Corporation notified the Defendants or the network G of the transfer date.

C. As of July 12, 2016, the amount of credit under the agreement with F as of July 12, 2016 is KRW 197,46,830, the total amount of interest and overdue interest claim of KRW 394,554,481, the total amount of KRW 592,01,311.

The network G died on June 14, 201, and the children of Defendant B, C, D, and E are children of the network G.

[Ground of Recognition] Defendant A: The judgment made by confession (Article 208(3)2 of the Civil Procedure Act) by confessions (Article 208(3)2 of the Civil Procedure Act); Defendant D and E: The fact that there is no dispute over the judgment by service (Article 208(3)3 of the Civil Procedure Act); each entry of evidence A1 through 6 (including additional numbers) and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B, C, D, and E shall be paid to the Plaintiff KRW 12,50,000 corresponding to each of the 1/4 inheritance shares of KRW 50,000 as claimed by the Plaintiff jointly and severally with F, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 3, 2017 to the date of full payment, which is the day following the last delivery of the copy of the request for the claim and the modification of the cause of the claim from June 21, 2017, as claimed by the Plaintiff, and the Defendant A shall be jointly and severally paid KRW 50,00,000 from Defendant B, C, D, E, and F, as sought by the Plaintiff, within the scope of the property inherited from the deceased G.

Defendant D and E asserted that the above claim against the Plaintiff F was extinguished upon the application of the short-term extinctive prescription of five years as a commercial claim, and thus, they were examined and examined.

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