양수금(시효연장) 청구의 소
1. The Plaintiff:
A. Defendant A Co., Ltd.: 116,613,696 won and 96,400,000 won among them, from January 25, 2001 to March 3.
1. Basic facts
A. From 1996, the non-party Korean bank (hereinafter referred to as “Korea bank”) extended eight loans to Defendant A under the joint and several guarantee of the network D (hereinafter referred to as “the network”).
Among them, the following three loans were included:
(1) On December 30, 1996, KRW 44,000 and KRW 68,000 on February 5, 1997, KRW 68,00,000 on loan of 2 obligations and other facility capital loans of KRW 65,00,00 on the first date of loan of the separate loan of this case (hereinafter “instant loan”). The loan of 3 debts and other facility capital loans of KRW 44,000 on December 5, 1997. < Amended by Presidential Decree No. 15357, May 28, 1997>
On December 21, 2001, our bank transferred the claim for the instant loan to the Korea Asset Management Corporation, and the Korea Asset Management Corporation transferred the claim for the instant loan to the Plaintiff on September 18, 2012, and at that time the notification of the transfer of claim was given to the Deceased.
C. On August 30, 2007, the Korea Asset Management Corporation filed a lawsuit against Defendant A and the Deceased for the claim for the amount of the loan (2006Gahap9156) and rendered a judgment on August 30, 2007 that “the Defendant A and the Deceased jointly and severally with the Korea Asset Management Corporation for KRW 209,98,585 and KRW 175,854,647 as to KRW 209,98,58,586 and KRW 175,647 from January 25, 2001; KRW 3,046,872 from January 30, 2002 to the date of full payment, the said judgment became final and conclusive at that time.”
Loan 2 Debt 3,046,872 won 6,632,978 won 9,679,850 won 3,797,890 won 38,997,890 won 6,735,956 won 67,935,956 won 67,935,956 won
D. The Deceased died on August 20, 2013.
At the time of the deceased’s death, the heir was the Defendant B and C, who was the child born between the wife E and his child, but was tried to repair the inheritance limited recognition by Defendant B and C Changwon District Court 2017 was rendered.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 1 and 2.