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(영문) 전주지방법원군산지원 2015.06.19 2015가단3063
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the amount shall be 24.0% per annum from August 24, 2014 to the date of full payment.

Reasons

On March 5, 2012, the Plaintiff leased KRW 30,000,00 to Defendant A on the due date for reimbursement of 12.5% (24.5% per annum for delay) and interest on March 5, 2014; the Plaintiff guaranteed the Defendant A’s obligation to the Plaintiff up to KRW 39,00,000 by the net C (hereinafter “the deceased”); the Deceased died on August 2, 2014; the deceased’s heir was only Defendant B and D; Defendant B renounced renounced the qualified acceptance; Defendant A gave up inheritance; Defendant A paid only interest or delay damages until August 23, 2014; Defendant A did not pay the principal and delay damages from August 24, 2014; and Defendant A did not dispute between the parties concerned or acknowledged the overall purport of the pleadings as evidence and whole.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30,000,000 as well as damages for delay at the rate of KRW 24.5% per annum from August 24, 2014 to the date of full payment. However, Defendant B shall perform the above obligations within the scope of the property inherited from the network C, and within the limit of KRW 39,00,000,000, which is the limit of the amount of the guaranteed obligation.

If so, the plaintiff's claim against the defendant A is justified, and the claim against the defendant B is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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