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(영문) 서울중앙지방법원 2016.11.29 2016가단5039340
보증채무금
Text

1. The Plaintiff:

A. The Defendant (Appointed Party) shall pay KRW 10,000,000 and the interest thereon from June 1, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 31, 2010, Homato 2 Savings Bank (Yamato 2 Mutual Savings Bank, Co., Ltd., Ltd. prior to the change) extended a loan of KRW 6,500,000 to E on May 31, 2010, 12% per annum of May 31, 201, interest rate of KRW 12% per annum, and delay delay rate of KRW 24% per annum (22% per annum if the delay period is less than one month, 23% per annum if the delay period is less than one month, and 24% per annum if the delay period is less than three months, and 24% per annum if the delay period is more than three months, respectively, it shall apply to the total delay period calculated from the date of delinquency period, and even if the overdue interest remains due to partial adjustment of overdue loans, F set the guarantee limit amount as KRW 9,750,00,000, and jointly guaranteed debt of E.

B. After the loan period was extended on May 31, 2012, but E lost the benefit of June 1, 2012, and on February 11, 2016, the total amount of the above loan obligation as of February 11, 2016 is KRW 13,417,196,826 (the principal of the loan and interest of KRW 6,500,000,000 and delayed payment damages).

C. On April 30, 2013, Homato2 Savings Bank Co., Ltd. was declared bankrupt in Seoul Central District Court 2013Hahap55, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

The F died on March 26, 2015, and the Defendant (Appointed Party), the spouse, and the designated parties B, C, and D inherited F’s property according to their statutory shares in inheritance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, as the Plaintiff seeks with an explicit claim, the Defendant (Appointed Party) calculated the Plaintiff’s interest rate of KRW 10,000,000 out of the loan principal ( KRW 30,000,000 x statutory inheritance portion of KRW 3/9), and the interest rate for delay from June 1, 2012 to the date of full payment, which is the date of loss of interest under the above term.

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