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(영문) 부산지방법원 2016.03.25 2015나14126

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendants jointly and severally with C shall succeed to the property inherited from the deceased M.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each statement of Gap evidence Nos. 1 and 12 (including branch numbers).

C was loaned KRW 50,00,000 on July 23, 1997, KRW 75,000,000 on December 31, 1998, KRW 50,000 on January 30, 199, and KRW 50,000 on January 30, 199, and M was jointly and severally guaranteed each of the above lending obligations.

B. On February 20, 2002, the future credit safe company went bankrupt.

C. On January 11, 2005, the Busan District Court Decision 2004Kadan124095, which was filed by the Korea Deposit Insurance Corporation and N against C and M, that "C and M jointly pay damages for delay calculated at the rate of 20% per annum from September 17, 2004 to the date of full payment of the principal amount of 69,375,650 won and the interest of 16,181,836 won to the Korea Deposit Insurance Corporation and N, a trustee in bankruptcy, a trustee in bankruptcy of the future credit credit safe company, and the principal amount of 16,1836 won, which were all paid (hereinafter "final judgment of this case"). The above judgment became final and conclusive on January 28, 2005.

On November 16, 2005, the Korea Deposit Insurance Corporation and N, a trustee in bankruptcy of a future credit cooperative company, assigned claims based on the final judgment of this case to the Plaintiff.

E. On July 19, 2007, the Defendants, the grandchildren of M, succeeded to the obligations of M in proportion to their respective shares of inheritance 1/8. The Defendants filed a petition for adjudication on the limited acceptance of inheritance inheritance with the Busan Family Court 2015Ra2926 on August 26, 2015, and the said declaration on the qualified acceptance was accepted on October 2, 2015.

F. On January 30, 2015, the Plaintiff filed an application with the Busan District Court for payment to the effect that “C and M shall jointly and severally pay to the Plaintiff 14,897,614 won and 3,474,862 won, calculated at the rate of 20% per annum from September 17, 2004 to the date of full payment, and that “the payment of the demand procedure expenses” shall be paid by M.