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(영문) 서울중앙지방법원 2017.04.24 2016나67693

양수금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant succeeds to the plaintiff from the deceased B (C).

Reasons

1. Judgment on the plaintiff's claim

A. In light of the overall purport of arguments in Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 1 as to the cause of the claim, the Promotion Savings Bank Co., Ltd. (hereinafter "Promotion Savings Bank") loans KRW 2,00,000 to B on October 27, 2001 at the interest rate of KRW 48% and six months for the lending period; Eul died on September 5, 2014; Eul succeeded to the deceased's property; on the other hand, the above loans against Promotion Savings Bank B against the Plaintiff on June 15, 2011 were transferred to a limited liability company Korea Loan Finance Co., Ltd. (hereinafter "Korea Finance") on order around November 15, 201, and the sum of the loans transferred to the Plaintiff on the basis of delegation of principal and interest of KRW 10,000,00 and KRW 108,000,000 to the Defendant on July 19, 2018.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 12,808,704, and the principal amount of KRW 1,99,92 as of November 2, 2011, barring special circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that the Defendant had the obligation to pay the above amount of debt within the scope of the inherited property within the scope of the property inherited from the Deceased, and according to the overall purport of the statement of No. 1 and the argument, the Defendant may recognize the fact that the Defendant received the qualified acceptance adjudication under the Incheon Family Court Decision 2016Ra249 on May 13, 2016, and the above argument by the Defendant is with merit.

C. Accordingly, according to the theory of the lawsuit, the defendant shall within the scope of the property inherited from the deceased to the plaintiff, and the principal and interest of the above amount as to the above amount as KRW 12,808,704 and its 1,99.