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(영문) 서울중앙지방법원 2016.06.01 2016나2863

양수금

Text

1. All appeals filed by Defendant A, Defendant C, and Appointed B are dismissed.

2. The text of the judgment of the first instance; and

Reasons

1. Basic facts

A. Solomon Mutual Savings Bank held F with a credit card payment claim [the principal amount of KRW 37,736,68 as of February 15, 2015 (=the principal amount of KRW 13,472,768, attempted interest of KRW 24,263,920)], and G jointly and severally guaranteed the F’s obligation.

B. On December 10, 2009, the Plaintiff acquired the above claim against F and G from Solomon Mutual Savings Bank, and notified the transfer of the claim at that time.

The rate of damages for delay under the business regulations of the plaintiff is 17% per annum.

C. G died on November 14, 2009, and Defendant A and his spouse (Appointed Party) C, the Appointed Party C, and the Appointed Party B jointly succeeded to G’s property.

Defendant (Appointed Party C) and Appointed B were tried to approve the inheritance limited status as the Busan District Court Branch Decision 2013 Madan835.

The F died on July 17, 2014, and the co-defendant D and the co-defendant E, the spouse of the first instance court, jointly inherited the property, but was tried to approve the inheritance by the Incheon District Court 2015-Ma1927.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6, Eul's 1, the purport of the whole pleadings and arguments

2. According to the determination as to the cause of the claim, as to the following facts: ① Defendant A is jointly and severally liable to the Plaintiff 9,703,719 won (=37,736,68 won x 3/7 x 3/5) x 3,464,426 won (=3/78 won x 3/7 x 3/5) x jointly and severally with E 6,469,146 won (=37,736,688 won x 3/7 x 3/768 x 3/67 x 2/5) 2,309,617 won (= 13,472,768 x 3/768 x 3/67 x 476 x 76 x 476 x 76 x 36/67 5 x 76 x 36 5 x 746) x 76 x 76 x 76 x 5 x 76 x 5 x , respectively.