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(영문) 서울중앙지방법원 2019.10.02 2019가합525769

양수금

Text

1. The defendant shall not exceed 2,440,174,251 won and its 2,440,174,251 won to the plaintiff succeeding intervenor within the scope of property inherited from the deceased C.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. The description of the claim is as indicated in the attached Form 2 and “the grounds for the application for intervention in succession.”

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 6 and 7 (including additional numbers) as to the Plaintiff’s claim, the Plaintiff continued the instant lawsuit on July 23, 2019 when entering into a payment contract with the Plaintiff’s succeeding intervenor, and transferred the Plaintiff’s claim against D as well as the Plaintiff’s joint and several liability claim against the Plaintiff’s deceased C, such as the entry of the cause of the claim in the separate sheet, and on August 14, 2019, completed the notification of the transfer of claim to the Defendant, who is a limited inheritor of D and deceased C.

According to the above facts of recognition, the plaintiff is no longer a creditor against the defendant, and the plaintiff's claim of this case is without merit without examining it.

3. As such, the plaintiff's claim of this case by the plaintiff succeeding intervenor is justified, and the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.