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(영문) 서울중앙지방법원 2020.05.21 2019가단5289849

양수금

Text

1. The Plaintiff:

A. As to Defendant C: 440,561,523 won and 105,284,02 won among them:

B. The defendant C is jointly and severally liable.

Reasons

1. Facts of recognition;

A. The Korea Asset Management Corporation filed a lawsuit against Defendant C, GH, and Defendant D with Changwon District Court 2009Gahap11389, and the said court rendered a judgment as follows on September 8, 2010, and the said judgment became final and conclusive around that time.

1. The Plaintiff:

A. As to Defendant C and H’s joint and several KRW 458,350,437 and KRW 123,072,936 among them:

B. Defendant E (Defendant D’s name prior to the name of Defendant D) is jointly and severally with the above Defendants.

Of the money stated in paragraph (1), 453,122,755 won and 117,845,254 won among them shall be paid with 24% interest per annum from March 7, 2007 to the date of full payment.

B. Auction dividends (joint auction by official auction by Changwon District Court I), KRW 22,337,694, on April 25, 2012, were repaid in KRW 17,788,914 as to the principal and interest of the above judgment and KRW 4,548,780 as to the principal and interest of the judgment and KRW 4,548,780 as of March 6, 207, the remainder of the principal and interest of the above judgment as of March 6, 2007 is as follows with respect to Defendant C and G, and with respect to Defendant D, KRW 435,33,841 as to the principal and interest of the judgment ( KRW 100,056,340 as to the principal).

J D H

C. The claim for the principal and interest of the judgment was transferred to the Plaintiff by the Korea Asset Management Corporation on September 18, 2012. Around that time, the notice of assignment of claims by the Korea Asset Management Corporation reaches Defendant C, etc.

The deceased H (hereinafter “the deceased”) died on October 18, 201, and there was Defendant G, K, and L as the wife of the deceased.

Defendant G filed an adjudication on qualified acceptance with the Changwon District Court 2012Ra662 and received the adjudication from the said court on November 8, 2012. K filed an application for renunciation of inheritance with the Changwon District Court 2012Ra61 and received the said report from the said court on March 8, 2012. L filed an application for renunciation of inheritance with the said court on March 8, 2012. L filed an application for renunciation of inheritance with the Changwon District Court 2012Ra60 and received the said report from the said court on March 6, 2012.

Accordingly, the property of the deceased H is as follows: