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1. Defendant B shall be jointly and severally and severally with D, E, F, and G within the scope of the property inherited from the network A, as well as KRW 177,691,446.
Reasons
1. Facts of recognition;
A. Solomon Savings Bank Co., Ltd. entered into a loan agreement under the following terms with D, and E, F, G, and A entered into a joint collateral guarantee agreement with the limit of 12,310,000,000 won.
D D In accordance with the above agreement, interest, etc. has been in arrears, and the maturity has arrived, thereby losing the benefit of time. On February 4, 2015, the following obligations have not been repaid:
The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy and manages the bankruptcy estate.
B. On February 10, 2014, A died, and there was Defendant C, who is the spouse of Defendant B and ASEAN, as the inheritor. On March 31, 2014, Defendant B filed a report on a qualified acceptance of inheritance under the Seoul Family Court 2014Prohibition3085, and filed a report on a qualified acceptance on May 23, 2014. Defendant C filed a report on a renunciation of inheritance under the Seoul Family Court 2014Mo3084, March 31, 2014, and the said report was accepted on July 16, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, Defendant B, as the heir of the network, is jointly and severally liable to pay the Plaintiff 177,691,446 won out of the principal and interest of loan jointly and severally with the Plaintiff within the scope of inherited property, and 100,000,000 won out of the principal and interest of loan, calculated at the rate of 25% per annum from February 5, 2015 to the date of full payment.
B. According to the above facts of recognition as to the claim against Defendant C, since it is recognized that Defendant C reported and accepted the waiver of the deceased’s inherited property, Defendant C who renounced A’s inherited property did not have the obligation to perform the joint and several obligations of the instant loans to the Plaintiff.
Therefore, the plaintiff's claim against the defendant C is without merit.
3. Conclusion.