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(영문) 서울중앙지방법원 2017.04.13 2016가합10013

양수금

Text

1. The Plaintiff:

(a) Defendant A, B, and C are jointly and severally liable for KRW 500,000,000;

B. Nonparty J.

Reasons

1. Recognition of the cause of the claim;

A. On October 26, 1998, the Gyeonggi Bank Co., Ltd. (hereinafter “Game Bank”) was declared bankrupt by the Incheon District Court, and on April 2, 2001, the Korea Deposit Insurance Corporation (hereinafter “Bankruptcy Bank”) was appointed as the trustee in bankruptcy.

B. The trustee in bankruptcy filed a lawsuit for damages claim against Defendant A, B, C, the Network J, and the Network K (hereinafter “Defendant A, etc.”) by the Seoul Central District Court 2003Gahap4929, and received some winning judgment from the above court. The appeal was filed by the Seoul High Court as Seoul High Court 2005Na10259.

On July 19, 2006, the appellate court sentenced to the judgment that "the defendant A et al. shall jointly and severally pay 500,000,000 won to the bankruptcy trustee and 5% per annum from July 23, 2003 to July 19, 2006, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on August 10, 2006.

(hereinafter “final judgment of this case”). C.

On July 24, 2012, the trustee in bankruptcy transferred to the Plaintiff the principal amount of damages for Defendant A, etc., KRW 500,000,000, and damages for delay thereof according to the final judgment of this case, and notified the Defendant A, etc. thereof to reach that time.

On April 3, 2015, the deceasedJ died, and the heir was the Defendant D (the deceased’s spouse 3/9) and Defendant E, F, and G (the deceased’s spouse 2/9). Defendant D, E, F, and G reported that the deceased’s inheritance would be qualified as a qualified acceptance on the deceased’s property by the Seoul Family Court 2015-Ma3072. < Amended by Act No. 13072, Oct. 28, 2015>

E. The deceased on July 7, 201, and the heir of the deceased H (the surviving heir 3/5) and Defendant I (the surviving heir 2/5) who is the deceased’s spouse. Defendant H and I reported that the deceased’s inheritance would be qualified for inheritance of the property by the deceased K as Seoul Family Court 201-Ma1279, and the above report was accepted on September 1, 201.

[Reasons for Recognition] Defendant B, C, and G: Confession (Article 150 of the Civil Procedure Act).