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(영문) 부산고등법원 2020.07.15 2019나81

양수금

Text

1. Of the judgment of the first instance, the parts concerning D, E, and F shall be modified as follows:

The plaintiff's claim against the defendant.

Reasons

1. Basic facts

A. 1) The Industrial Bank of Korea Co-Defendant B Co-Defendant (hereinafter “B”) of the first instance court, the primary debtor, as Daegu District Court Decision 98Ga7137, as the Daegu District Court Decision 98Ga7137.

) and the joint and several sureties G (hereinafter referred to as “the deceased”).

(B) On December 29, 1998, B and the Deceased filed a lawsuit against the loan claim, and on December 29, 1998, the Bank of Korea jointly and severally rendered a judgment that the amount of 1,331,280,810 won and the amount of 18% per annum from April 17, 1995 to December 16, 1997; 20% per annum from the next day to December 29, 197; and 25% per annum from the next day to the date of complete payment. The above judgment became final and conclusive (hereinafter “the final judgment of this case”).

(2) On December 16, 2002, the Industrial Bank of Korea transferred to H Co., Ltd. (hereinafter “H”) the above judgment amounting to 722,810,513 won, and 18% per annum from April 17, 1995 to December 16, 1997; 20% per annum from the next day to December 29, 197; and 25% per annum from the next day to the day of full payment (hereinafter “the instant claim”); and notified the Deceased of the above transfer; each of the above transfer notice reached the Deceased and the Deceased at that time.

3) H on February 27, 2004, JJ Co., Ltd. (hereinafter “J”)

(B) On May 13, 2004, the deceased transferred the claim of this case to B and the deceased respectively, and each of the above notifications reached B and the deceased respectively. Around that time, the deceased died on February 21, 2006. The J filed the instant lawsuit against B and the deceased seeking payment of the claim of this case against B and the deceased, and upon becoming aware of the deceased’s death, the deceased’s wife and children were corrected as the Defendant corrected D, E, F, I, E, and F, and sought payment according to each inheritance share out of the claim of this case.

D. (240,936,837, E, and F, KRW 160,624,558, respectively. The first instance court is proceeding by service by public notice, and the J.