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(영문) 서울중앙지방법원 2014.11.28 2014가합536719

양수금

Text

1. The Plaintiff:

A. Defendant A, within the scope of property inherited from the network E, shall not exceed 328,918,736 won and 81,31.

Reasons

1. Indication of claim;

A. As of March 17, 2014, 243,94,403 won in principal and interest, 4,318,559 won in advance, overdue interest, 738,443,242 won in total, 986,756,204 won in the net E, among the money loaned by the e-mutual savings and finance company to the network E on August 10, 1997.

B. On April 4, 2007, Postal Savings Bank Co., Ltd.: (a) transferred the above loan claims to Solomon Savings Bank (Slomon Savings Bank (Slomon Savings Bank (Slomon Savings Bank was changed on September 27, 2010) in sequential order on December 11, 2009; and (b) notified the network E of the fact of each transfer of claims.

C. On April 30, 2013, the Solomon Savings Bank was declared bankrupt by the Seoul Central District Court (Seoul Central District Court 2013Hahap46), and the Plaintiff was appointed as the trustee in bankruptcy of the Solomon Savings Bank.

The network E died on January 4, 2014, and the heir is the defendant A (the heir 1/3) who is the spouse, the defendant B, C, and D (the heir share 2/9) who is the child.

On March 14, 2014, the Defendants reported the qualified acceptance to the Suwon District Court (2014Ra214), and the said court rendered an adjudication accepting it on March 27, 2014, and the said adjudication became final and conclusive around that time.

E. Therefore, the Defendants, as the heir of the network E, are obligated to pay to the Plaintiff, the assignee of the above loan claim, the amount equivalent to each inherited portion of KRW 986,756,204, within the scope of the property inherited from the network E, and the damages for delay.

2. Applicable provisions;

(a) For Defendant A, B, and C: An unpaid judgment (Articles 257(1) and 208(3)1 of the Civil Procedure Act)

(b) Against Defendant D: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)