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(영문) 서울서부지방법원 2020.12.24 2020가단222538
양수금
Text

1. The Plaintiff:

A. Defendant B shall pay full amounts of KRW 94,565,495 and KRW 44,371,187 among them from November 19, 2019.

Reasons

1. Basic facts

A. A. A limited liability company E (the trade name of which around June 2016 is changed to F) which is engaged in the automobile rental business, etc. obtained a loan from G Co., Ltd. around 2013, and the details thereof are as shown in the attached bond settlement sheet.

B. D has jointly and severally guaranteed the above loan debt of limited liability company E.

(1) On November 27, 2015, D died, and his heir was Defendant B, Defendant B, Defendant H, and Defendant C. However, around 2016, H applied for adjudication on renunciation of inheritance to the Gwangju Family Court and received a report to waive the deceased’s inheritance on April 11, 2016. Accordingly, D’s debt was inherited by 3/5 and 2/5 to Defendant C according to statutory inheritance ratio.

(2) Of the joint and several debt amount guaranteed by the network D, the remainder of the debt amount, the principal plus the attempted interest to the principal until November 18, 2019, the guarantee ceiling, and the overdue interest rate are as indicated in the column of the claim principal, total amount, guarantee limit, and overdue interest rate as of November 18, 2019.

(3) The amount of principal and interest of the obligations inherited to the Defendants according to the Defendants’ shares in inheritance (the amount calculated by adding the interest accrued until November 18, 2019), principal and guarantee limit are as follows.

Defendants B94,565,495 Won 44,371,187 Won 194,544,500 Won Defendant C63,04,664 Won 29,580,792 Won 129,696,00

C. Meanwhile, Defendant C filed a petition for a special inheritance limited recognition judgment with the Gwangju Family Court on May 20, 202 on the ground that he/she became aware that his/her inheritance obligation due to the death of the network D after being served with the instant complaint for the birth of 2001 was exceeded inherited property, and received a judgment accepting the report on the qualified acceptance.

On May 20, 2016, the Plaintiff acquired the G Co., Ltd.’s claim against G Co., Ltd. for the network D.

[Reasons for Recognition] Gap 1 through 7 (including paper numbers), Eul 1 and 2, and the purpose of the whole pleading

2. According to the above facts of recognition as to the causes of the Plaintiff’s claim, the Defendants each guarantee limit.

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