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(영문) 부산지방법원동부지원 2019.06.20 2018가단219484

양수금

Text

1. The Plaintiff:

A. Defendant B shall within the scope of the property inherited from the deceased C, as well as KRW 119,686,451, and among them, 109.

Reasons

1. Facts of recognition;

A. On November 19, 2008, the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against C, A, etc. against the Busan District Court 2008Kadan68773 claim amount, etc., and received a judgment that included the following in the text, and the said judgment became final and conclusive around that time.

C shall pay to the non-party company 19,686,451 won and 109,365,667 won among them with 17% interest per annum from December 31, 1997 to February 15, 1998, and 25% interest per annum from the next day to the day of full payment.

A shall pay to the non-party company the amount of KRW 25.1 million among the above money and KRW 9.7 million among them, the amount of KRW 15.4 million calculated on October 17, 1997, and the amount of KRW 6% per annum from November 20, 1997 to May 8, 1998, and the amount of KRW 25% per annum from the following day to the date of full payment.

B. On September 27, 2012, Nonparty Company transferred the above claim to the Plaintiff. Around that time, Nonparty Company notified C of the assignment of the above claim.

C. However, on August 2, 2017, the deceased C died, and the wife D and children, who were the first heir, were given a waiver of inheritance due to the renunciation of inheritance.

(C) On November 2, 2017, the deceased was tried on January 2, 2018 by inheritance approval on January 9, 2018. The deceased was tried on January 2, 2018.

Changwon District Court (Seoul District Court Decision 2017Ra234 dated January 9, 2018) D.

The Plaintiff filed the instant lawsuit to interrupt extinctive prescription of a claim established by the final judgment above.

[Ground] : Each entry of Gap 1 to 4, Eul 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. If so, the Plaintiff, the assignee of the above claim, ① Defendant B, within the scope of the property inherited from the network C, is obligated to pay the amount of 119,686,451 won and the amount of 109,365,667 won among them, as determined in the above decision, 17% per annum from December 31, 1997 to February 15, 1998, and 25% per annum from the next day to the day of full payment, and ② Defendant A, as set forth in the above decision, to pay the amount of money calculated by 119,686,451 won, and