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(영문) 서울중앙지방법원 2017.05.16 2016가단5267152

양수금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 132,218,085 and KRW 29,100,00 among them:

B. Defendant A is the defendant B.

Reasons

1. Facts of recognition;

A. The Liquidation Financial Corporation (hereinafter “Financial Corporation”) filed a lawsuit against Defendant B and F against the Jeju District Court 2005Kahap3317, and rendered a favorable judgment on July 6, 2006 that “Defendant B and F shall jointly and severally pay to the Liquidation Financial Corporation 274,194,816 won and 145,129,217 won per annum from July 27, 2000 to the date of full payment.” The above judgment became final and conclusive around that time.

B. The claim against Defendant B and F based on the above final judgment of the Reorganization Bank was transferred to the Solomon Savings Bank (which was changed to Solomon Savings Bank in the Republic of Korea) through the solomon Savings Bank, and the Plaintiff was appointed as the trustee in bankruptcy according to the decision that the Solomon Savings Bank was declared bankrupt.

C.F died on August 8, 201, and as the heir of the network F, Defendant C, D, and E, the wife of the Defendant C, D, and E.

For the interruption of extinctive prescription, the Plaintiff claims part of the claim for KRW 29,100,00 and interest KRW 103,118,085, totaling KRW 132,218,085, among the claims based on the above final judgment, and recognized that Defendant C, D, and E inherited the net F’s property.

[Grounds for Recognition: Facts without dispute, entry of Gap1-4 evidence, purport of the whole pleadings]

2. According to the above findings of the determination as to the cause of the claim, the following facts are examined: ① Defendant B shall be the Plaintiff; ② Defendant B shall be KRW 132,218,085 (principal KRW 29,10,000 + Interest KRW 103,118,085 + the amount claimed by the Plaintiff on some claims); ② Defendant A shall be jointly and severally with Defendant B about KRW 44,072,695 ( KRW 132,218,085 x inheritance 3/9) out of the amount described in the above paragraph; ② Defendant A shall be jointly and severally with Defendant B about KRW 9,70,00 ( KRW 29,10,00 x inheritance shares 3/9); ③ within the scope of inherited property inherited from Defendant C, D, and E shall be jointly and severally with Defendant B within the scope of property indicated in the above paragraph. < Amended by Act No. 3635, Aug. 1, 2988>