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1. The Plaintiff:
A. Defendant B shall be from August 25, 2016, with respect to KRW 16,502,384,424 and KRW 8,00,00,000 among them.
Reasons
1. Basic facts
A. On April 30, 2013, a mutual savings bank designated by the Mutual Savings Banks Act established for the purpose of a business such as credit installment savings business, loan business, etc., A was declared bankrupt on April 30, 2013. On the same day, the Plaintiff was appointed as a trustee in bankruptcy by the bankrupt A Co., Ltd. (hereinafter “A”) under the Depositor Protection Act on the same day.
B. On June 30, 2011, A entered into a credit transaction agreement with Defendant B church (hereinafter “Defendant B church”), setting a credit amount of eight billion won, the expiration date of the credit period on June 30, 2012, and 9% per annum [the rate of delay compensation shall be 9% per annum (limited to three months), 11% per annum (not less than three months but less than six months) or 13% per annum (not less than six months), and around that time, Defendant church loaned eight billion won to the Defendant church in accordance with the said credit transaction agreement.
(hereinafter “instant loan”). C.
At the time of the instant loan, Defendant D, F, E, and I set the limit of each of the instant loan obligations to A as KRW 10.4 billion (joint guarantee). D.
Since then, the defendant church did not pay the principal and interest on the expiration date of the loan period, and the remaining principal and interest as of August 24, 2016 are 8,430,458,546 won of principal and interest, and 16,502,384,424 won of provisional payment and 71,925,878 won of principal and interest.
E. Meanwhile, on the other hand, I died on December 25, 2012, and J, his spouse, shall not exceed 3/15 shares, and, within the limit of 3/15 shares, G, Defendant (Appointed)’s children, H, and M inherited the net I’s property within the limit of 2/15 shares, respectively.
After November 18, 2015, according to the death of Q, N, the spouse of Q, succeeded to the property of the deceased Q within the limit of 3/7 shares by the Selection, the Selection, and P within the limit of 2/7 shares of each 2/7 shares.
F. The Appointor J, K, Defendant (Appointed Party), L, G, H, M, N,O, P’s Branch of the Daejeon Family Court as the Daejeon Family Court’s 2017-Ma562.