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(영문) 서울중앙지방법원 2016.03.31 2015가단5385831

양수금

Text

1. The extent of the property inherited from the deceased C shall not exceed the extent of the property:

A. Defendant A is 348,822,185 won and 69.20

Reasons

1. Facts of recognition;

A. On March 31, 1997 and April 1, 1997, the network C entered into a bill trading agreement with the Korean Commercial Bank Co., Ltd. and received a loan of KRW 100 million.

B. The net C lost the benefit of time due to the failure to repay the principal and interest of the above obligation under each agreement. On September 29, 1998, the Korean Commercial Bank transferred the above obligation to the Plaintiff and notified the net C of the assignment of obligation.

C. The Plaintiff filed a claim against the deceased C for the payment of the acquisition amount as Seoul Central District Court 2005Gahap110481.

On March 15, 2006, the above court rendered a judgment as follows, and the judgment became final and conclusive around that time.

“The net C shall pay to the Plaintiff 35,103,98 won and 33,627,601 won among them, 19% per annum from October 27, 2005 to December 16, 2005; 20% per annum from the next day to the day of full payment; and 10,000,00 won per annum from October 27, 2005 to the day of full payment.”

(c) The claims against the net C that remain unpaid as of December 10, 2015 are as follows:

On May 18, 2014, the deceased died after having left the defendant A and his child, who is his spouse, as his heir.

E. Defendant A and B filed an application for the qualified acceptance of inheritance with the Cheongju District Court 2014 Madan886, and the said court accepted it on October 31, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, Defendant A and B, as the heir of the network C, are obligated to pay to the Plaintiff the money under the respective inheritance shares (Defendant A3/5, Defendant B2/5) in the net C, within the scope of the inherited property.

Therefore, within the scope of property inherited from the network C, Defendant A (i.e., KRW 581,370,309 x less than KRW 3/5, and less than KRW 3/5) and KRW 69,58,491 (i.e., KRW 115,930,819 x 3/5) and Defendant B (i.e., KRW 232,548,123 (= KRW 581,370,309 x 2/5) and its amount.