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(영문) 서울중앙지방법원 2017.08.10 2017가합24408

양수금

Text

1. The defendant shall jointly and severally inherit the property inherited from the deceased C with the Risk Management Institute Co., Ltd. and B.

Reasons

1. Basic facts

A. The Plaintiff is an institution established pursuant to Article 36-3 of the Depositor Protection Act, which deals with the business of taking over and recovering non-performing loans from a financial institution established pursuant to Article 3 of the same Act.

B. On May 30, 2007, the Seoul Central District Court rendered a judgment on May 30, 2007 as follows (No. 2004Gadan21594) and the above judgment became final and conclusive on June 23, 2007.

Notes

1. The plaintiff (Korea Deposit Insurance Corporation in Bankruptcy of the Maritime Credit Union Co., Ltd.)

B. Within the scope of the property inherited from the network C, the above Defendants (Co., Ltd.) shall be jointly and severally paid with the Institute of Risk Management, and (2) Defendant A shall pay the amount calculated by the rate of 25% per annum from August 5, 2002 to the date of complete payment.

C. The Korea Deposit Insurance Corporation (hereinafter “the instant claim”) transferred the instant claim against the Defendant to the Plaintiff by the bankruptcy trustee of the Korea Deposit Insurance Corporation at the Maritime Credit Depository, Inc. (hereinafter “the Bankrupt Credit Depository”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the plaintiff may take over the claim of this case from the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Maritime Credit Depository of the bankrupt, and file a claim for the performance of the claim of this case against the defendant. In accordance with the order of the above judgment, the defendant is jointly and severally liable to pay to the plaintiff 14,696,493 won and damages for delay calculated at the rate of 25% per annum from August 5, 2002 to the date of complete payment, as the plaintiff seeks within the scope of property inherited from the net C.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.