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(영문) 서울중앙지방법원 2016.07.20 2015가합571733
양수금
Text

1. The Plaintiff:

A. As to Defendant A, B, and C’s joint and several KRW 591,609,149 and KRW 382,942,00 among them,

Reasons

1. Basic facts

A. The Korea Light Bank Co., Ltd. (hereinafter “Korea Light Bank”) loaned total of KRW 690,000,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(hereinafter referred to as “instant loans 1, 2, and 3” in accordance with the separate order in the separate order in the attached list of loans, and in total, Defendant B and C jointly and severally guaranteed the obligation to each Defendant’s non-party bank with respect to the instant loans.

B. As of September 15, 1998, the Defendant Company has the obligation to Nonparty Bank totaled KRW 591,609,149 (the balance of the loan principal and interest KRW 382,942,00,000) as stated in the separate loan list as of September 15, 199 to Nonparty Bank.

In addition, the overdue interest rate of the non-party bank is 25% per annum from September 16, 1996 to October 8, 1998, 20% per annum from the next day to January 24, 1999, and 19% per annum from the next day to the closing date of argument in this case.

C. On September 15, 1998, the non-party bank transferred the claim for the principal and interest of the instant loan to the Plaintiff, and at that time notified the Defendant company of the transfer of the claim.

On the other hand, the networkO, the children of the network M, died on September 11, 1987, and succeeded to the property of each networkO by Defendant I, Defendant J, K, and L, the wife.

In addition, the deceased on October 6, 1995, and the deceased on the deceased on the part of the wife, the Defendant D, the children, and the deceased on the part of the wife (Defendant I, J, K, and L inherited by inheritance), Defendant E, F, G, and H inherited each network M's property.

After that, the deceased on January 21, 2001, the deceased on January 21, 2001, the Defendant D, the deceased (Defendant I, J, K, L succession), Defendant E, F, G, and H inherited each network N's properties.

E. Although Defendant D, G, H, I, J, K, and L knew that there was the commencement of inheritance of network M, network N, and networkO, Defendant D, G, H, I, K, and L did not know the fact that the inheritance obligation exceeds inherited property without gross negligence.

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