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(영문) 서울서부지방법원 2017.05.10 2016가단254484

양수금

Text

1. The Plaintiff:

A. Defendant A is entitled to KRW 21,878,554 within the scope of the property inherited from the deceased C and KRW 8,701 among them.

Reasons

1. Facts of recognition;

A. D borrowed 45,00,000 won as a rank installment loan on October 16, 1996, and 20,000 won as a temporary repayment loan on October 24, 1997, and C, the wife of D, jointly and severally guaranteed the repayment of each of the above loans.

The interest rate of each of the above loans shall be the interest rate set by the National Bank of Korea, and the interest rate for delay shall be 19% per annum.

B. After that, when D delays the repayment of each of the above loans, the company Solomon Mutual Savings Bank that received each of the above loans from the National Bank of Korea applied for a payment order against D and C, and on July 11, 2006, "D and C jointly and severally paid to Solomon Mutual Savings Bank 76,574,941 won and 30,456,258 won to Solomon Mutual Savings Bank 76,57,941 won and its 30,456,258 won from May 31, 2006 to the full payment order was issued, and the payment order was finalized on August 2, 2006.

(Seoul Central District Court 2006Ka41012). (c)

However, after C died on September 6, 2007, the Defendants, who are husband D and children, were the inheritors. The above inheritors were adjudicated to accept inheritance limited acceptance on November 1, 2007.

(The Family Branch of Busan District Court 2007 Madan3078 case) d.

On April 26, 2011, the Plaintiff acquired the claim under the above payment order from Solomon Mutual Savings Bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants’ share of inheritance for the net C’s obligation is 2/7, and the Defendants received an adjudication for acceptance of an inheritance limited acceptance. Thus, the Defendants are obligated to pay to each Plaintiff 21,878,554 won (=7,574,941 won x 2/7) and 8,701,788 won (=30,456,258 won x 2/7) among them within the scope of the property inherited from the network C and 8,701,788 won (=30,456,258 won x 2/7) from May 31, 2006 to the date of full payment.

3. Thus, the plaintiff's claim against the defendants.