양수금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
1. Determination on the cause of the claim
A. The following facts can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 and 2:
1) Modern Card Co., Ltd. (hereinafter “Modern Card”)
) On August 2, 2002, the credit card use contract was concluded with D on August 2, 2002 (hereinafter “instant credit card use contract”).
(2) On May 29, 2003, Hyundai Card was transferred to the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Mutual Savings Bank”) based on the instant credit card use agreement, and on July 26, 2003, Hyundai Card was notified D of the transfer of the credit card assignment as above.
3) On June 15, 2011, the Promotion Mutual Savings Bank re-transfers claims on credit card use proceeds under the instant credit card use contract to the Plaintiff, and the Promotion Mutual Savings Bank notified D of the aforementioned assignment of claims on July 20, 201. 4) The remaining amount of claims under the instant credit card use contract is KRW 8,153,388 as of April 11, 2016 (i.e., principal amount of KRW 1,80,000 and delay damages amount of KRW 6,273,388).
5) On June 16, 2015, D died, and Defendant B and C, the wife of D, jointly inherited the property of D according to their statutory shares in inheritance. 6) On August 28, 2015, the Defendants filed a report on the fixed-term inheritance approval with the Daejeon Family Court 2015-Ma1349, and the said court accepted the said report on September 23, 2015.
B. According to the above facts of recognition, Defendant A is within the scope of the Plaintiff’s property inherited from the network D (i.e., KRW 8,153,309 x 3/7) and KRW 805,714 (i.e., KRW 1,80,000 x 3/7). Defendant B and C are 2,329,539 (i.e., KRW 8,153,388 x 2/7) and 537,142 of each of them (i.e., KRW 1,80,000 x 2/7) and 537,142 of them (i.e., the day following the delivery of a copy of each complaint of this case from March 25, 2017 to the day of complete payment, as the Plaintiff seeks.