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(영문) 서울중앙지방법원 2018.05.03 2017가단5197021

양수금

Text

1. The Defendants, within the scope of their property inherited from D to the Plaintiff, either KRW 28,189,770, respectively, and KRW 12,477.

Reasons

1. Facts of recognition;

A. D approved the basic terms and conditions of bank credit transactions and loaned from creditor financial institutions as listed below, but lost the benefit due to overdue payment of principal and interest. As of October 13, 2017, D’s unpaid loan balance and the interest due to overdue payment are as listed below:

(Unit) The loan balance of creditor financial institutions (as of June 15, 2017). The credit card No. 5,969,640,640,910,6969, 6969, 69669, 696696, 69669, 6966, and 831,831, 8311, 8311, 8311, 791, 37, 481, 47, 831, 831, 106, 227, 03, 203, 876, 877, 877, 106, 87, 877, 106, 106, 200, 200, 2

B. The above creditor financial institutions transferred all of their respective loans against D to the Plaintiff, and the Plaintiff, who is delegated with the power to notify the assignment of claims by the transferor of claims, notified D of the assignment of claims.

C. In relation to damages for delay, the Plaintiff applied 17% per annum which is the lowest annual interest rate in arrears of financial institutions pursuant to Article 11(1) of the “The Doctrine Fund Trust Claim Management Manual”, but 15% per annum, which is the interest rate in arrears from January 1, 2017 to January 1, 2017.

D The heir died on October 4, 2014, and at the time, there was the Defendants, who were children.

On February 11, 2015, Defendants were subject to Jeju District Court Decision 2014Radan861, which was inherited by the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including additional evidence) and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendants: (a) KRW 84,569,312 (37,432,481,47,136,831) (28,189,70 (84,569,312 】 12,477,49,312 x 12,47,432,481) as to the balance of the loans transferred to D within the scope of property inherited from D, the decedent, and the total amount of the confirmed interest; and (b) KRW 28,189,70 (84,569,312 x 1/3) as inheritance shares; and (c) among them, KRW 12,477,493,