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(영문) 서울중앙지방법원 2018.06.22 2017가합10058

양수금

Text

1. To the extent of each inherited property from the deceased J, the Plaintiff shall be within the scope of the property:

A. Defendant A shall be KRW 60,000,000 and this shall apply.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the non-party J (the deceased on October 8, 201, hereinafter “the deceased”) for damages claim against the non-party J (the “the deceased”). On March 23, 2007, the above court rendered a judgment that “the deceased jointly and severally with the K, L, and M to the Korea Deposit Insurance Corporation for KRW 300 million per annum from September 8, 2006 to March 23, 2007, to pay the 5% interest per annum from the next day to March 23, 2007, and the 20% interest per annum from the next day to the date of full payment” (hereinafter “the pertinent judgment”). The above judgment became final and conclusive on May 12, 2007.

B. On August 24, 2010, the Korea Deposit Insurance Corporation transferred the claim under the instant judgment to the Plaintiff. On August 27, 2010, the Korea Deposit Insurance Corporation notified the Deceased of the said transfer.

C. Meanwhile, although the deceased’s heir had wife A, N,O, H, and P, on January 16, 2012, A accepted a report on the inheritance limited approval from the Busan Family Court (the foregoing court No. 2011-Ma40677). N,O, H, and P accepted each report on the renunciation of inheritance from the Busan Family Court (the above court No. 2011-Ma3679) on December 8, 201, and the report on the renunciation of inheritance (the above court No. 2011-Ma3679) was accepted on January 31, 2018, which is N’s child B, C, E, H, and H’s child, F, and H’s child, who are N’s child, from the Busan Family Court (the above court No. 2018-Ma310).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts, the Defendants, as the inheritors of the deceased, are the Plaintiff within the scope of their respective inherited property from the deceased, and the Defendants A, as the inheritors of the deceased, on the promotion, etc. of litigation before the amendment, until September 30, 2015, respectively, for each of the following amounts: KRW 40,000 (30,000,000 x 3/15), Defendant B, C, D, E, F, and G (300,000 x 2/15 x 2/15). < Amended by Presidential Decree No. 19050, Sep. 8, 2006; Presidential Decree No. 26358, Mar. 23, 2007; Presidential Decree No. 26558, Sep. 30, 2015>

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