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(영문) 부산지방법원동부지원 2020.05.14 2019가합105879

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 525,246,202 won and 88,337,216 won among them, from September 6, 1994; and 147.

Reasons

Facts of recognition

A. On July 23, 2010, the Korea Credit Guarantee Fund filed a lawsuit against Defendant A and D with the Seoul Central District Court Decision 2008Da456952, and sentenced the above court to the effect that “Defendant A and D shall jointly and severally pay to the Plaintiff the amount of KRW 525,246,202 and KRW 88,337,216 as to KRW 88,37,216 from September 6, 1994; KRW 147,266,137 from September 29 to January 31, 1998; KRW 17% per annum from the next day to the date of full payment; and KRW 25% per annum from the next day to the date of full payment.” The above judgment became final and conclusive at that time.

B. On June 30, 2015, the Korea Credit Guarantee Fund transferred the claim for reimbursement established by the said judgment (hereinafter “instant claim”) to the Plaintiff, and notified Defendant A and D of the transfer of the said claim.

C. D’s death on October 15, 2016, and Defendant C, who succeeded to D’s property, filed a report on inheritance limited approval around January 2017.

【Ground for Recognition: The Plaintiff and the Defendant C: The facts of no dispute between the Plaintiff and the Defendant C: The following facts are established: Gap’s 1 through 3 (including various numbers in the case of evidence A 2); Gap’s 525,246,202 won; defendant A’s 8,37,216 won among those as the Plaintiff seeks; 147,26,137 won from September 6, 1994; 147, 26, 137 won from September 29 to January 31, 1998; 17% from September 31, 1998 to September 31, 198; 25% from February 1, 1998 to September 30, 201; and 30% from September 1, 2015 to May 13, 2015 to September 19, 2015, respectively; and