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(영문) 서울중앙지방법원 2017.10.13 2016가단5281073
양수금
Text

1. As to KRW 120,322,146 and KRW 31,505,343 among the Plaintiff, Defendant A shall be the year from June 3, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 25, 2002, E obtained a loan of KRW 30 million from Samsung Capital Co., Ltd. (hereinafter “instant loan”), and at the time, Defendant A jointly and severally guaranteed the said loan’s obligation.

B. Since the merger with Samsung Card Co., Ltd., Samsung Card Co., Ltd., and Samsung Card Co., Ltd., on November 11, 2010, the Solomon Savings Bank, Solomon Savings Bank, on December 30, 201, and the Nloston Co., Ltd., on May 29, 201, transferred the instant loan claim to the Plaintiff in sequence.

C. The instant loan claims amounting to KRW 120,322,146 in total, including the principal amount of KRW 31,505,343 as of December 18, 2015 and interest KRW 8,816,803 as of December 18, 2015.

On the other hand, the primary debtor E died on October 30, 2003, and the spouse of the first-class legal inheritor, Defendant A and his lineal descendants, C, and D filed a petition for adjudication on renunciation of inheritance with the Ulsan District Court 2003Ra623, and the above court accepted the petition on November 18, 2003.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. Defendant A, who jointly and severally guaranteed the instant loan obligation against Defendant A, is obligated to pay to the Plaintiff the principal and interest of KRW 120,322,146 and the principal of KRW 31,505,343 at the rate of 15% per annum from June 3, 2017 to the date of full payment, which is the day following the delivery of the copy of the instant complaint.

B. The Plaintiff asserted that Defendant B, C, and D succeeded to Defendant B, C, and D’s primary debtor debtor debtor debtor debtor debtor debtor debtor debtor debtor debtor debtor debtor debtor Eul, and thus, Defendant B, C, and D are responsible for performing the instant loan obligation according to the ratio of inheritance shares. However, Defendant B, C, and D are not in the status of the deceased E’s heir by giving up inheritance. Thus, the Plaintiff

3. Thus, the plaintiff's claim against the defendant A is justified, and the plaintiff's claim against the defendant B, C, and D is dismissed as it is without merit.

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