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(영문) 서울중앙지방법원 2019.02.13 2018가합565890

양수금

Text

1. Defendant B and the Plaintiff jointly and severally with F within the scope of the property inherited from the network E, Defendant B and Defendant B.

Reasons

Facts of recognition

A. The Bankruptcy Trustee of G Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against E (the death on November 6, 2009) with the Seoul Central District Court 2008Gahap24147, and the above court rendered a judgment on July 24, 2008 that “E would pay KRW 1,006,690,834 to the Korea Deposit Insurance Corporation jointly with F,” and the above judgment became final and conclusive on September 3, 2008.

(hereinafter “the previous judgment of this case”). (b)

On August 20, 2010, the Korea Deposit Insurance Corporation transferred claims based on the previous judgment of this case to the Plaintiff. On August 26, 2010, the Korea Deposit Insurance Corporation notified Defendant B, Defendant C and D, who is the spouse, as the inheritor of E (hereinafter “the deceased”).

C. Meanwhile, the Defendants reported the qualified acceptance of the deceased’s property inheritance to the Jinwon District Court’s Jinju branch, and the said court accepted the said report as of December 21, 2009 by the said court on December 21, 2009.

On September 17, 2018, the Plaintiff filed the instant lawsuit against the Defendants, the deceased’s heir, for the purpose of extending the statute of limitations of claims based on the previous judgment of this case.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, and 3 (including the number of branch numbers) and the facts of recognition as above, the defendant Eul is liable to pay the plaintiff jointly and severally with F within the scope of the property inherited from the deceased (=1,006,690,834 won x 3/7, less than won x 3/7; hereinafter the same shall apply), defendant C, and D 287,625,952 won (=1,06,690,690,834 won x 2/7).

Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the application of Articles 98 and 99 of the Civil Procedure Act to the burden of litigation costs.