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(영문) 울산지방법원 2017.11.02 2017가단51824
양수금
Text

1. The Plaintiff:

A. As to the defendant A corporation 48,334,966 won and 38,097,205 won among them:

(b) the defendant.

Reasons

Modern Social Co., Ltd (hereinafter referred to as "Modern Social Co., Ltd.") entered into a contract with F on July 5, 2013 to transfer KRW 110 million to F for 48 months of loan period, interest 13.9% per annum (25.9% per annum) and the network E and Defendant A Co., Ltd. (hereinafter referred to as "Defendant A") jointly and severally guaranteed the above loan obligations of F; F lost the benefit of June 29, 2016 by delaying the performance of the above loan obligations; the Plaintiff was unable to obtain the above loan obligations of F from Hyundai Social Co., Ltd. on April 4, 2008; the Plaintiff entered into a contract with the Modern Social Co., Ltd. (hereinafter referred to as "Modern Social Co., Ltd.") with the Defendant’s spouse on October 26, 2016; the Plaintiff notified each of the above inheritance to the Defendant’s spouse on May 14, 2016; the Plaintiff notified each of the foregoing inheritance obligations of 3016.

According to the above facts of recognition, Defendant B, C, and D inherited the network E according to the respective ratio of 3/7 shares and 2/7 shares of Defendant C, and D within the scope of the network E’s inherited property.

Therefore, to the Plaintiff who acquired the above loan claim against Hyundai F, ① Defendant A paid the above loan amounting to KRW 48,334,966 as well as KRW 38,097,205 as principal and interest of KRW 48,334,96 as well as KRW 38,097,205 as principal and interest of KRW 20,714,986 as to the above loan amount within the scope of property inherited from the network E jointly with Defendant A, and Defendant B paid the above loan amounting to the inheritance shares of Defendant B (= KRW 48,334,966 x 3/7) and 16,327,373 as principal and interest of KRW 38,097,205 x 3/7).

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