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(영문) 부산지방법원동부지원 2019.09.04 2019가합104609

양수금

Text

1. The Defendant: (a) KRW 500 million and its related thereto to the Plaintiff within the extent of the property inherited from the deceased B; and (b) October 1, 2015.

Reasons

1. Indication of claim;

A. The Korea Export Insurance Corporation (Korea Export Insurance Corporation) filed a lawsuit against D, E, F, the heir of the deceased, who was the representative director of C and the company above (hereinafter the deceased) and obtained a judgment in favor of the plaintiff (Seoul Central District Court 2008Kadan456105). The above judgment was finalized on June 18, 2009 against the defendant.

B. Since then, the Korea Export Insurance Corporation changed its trade name to the Korea Export Insurance Corporation, on September 25, 2014, the Korea Export Insurance Corporation transferred the claim for reimbursement to the Plaintiff, and around October 11, 2014, notified C and the deceased’s successors of the transfer of the claim.

C. The Defendant et al., the deceased’s heir, obtained the inheritance limited approval on December 8, 2016.

(A) The Plaintiff filed the instant lawsuit against the Defendant, the deceased’s heir, for the interruption of the extinctive prescription of the claim against the deceased, as the assignee of the claim against the deceased, which became final and conclusive by judgment.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that a qualified acceptance has been granted and the defendant does not dispute the liability itself by asserting the fact that a qualified acceptance has been granted);