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(영문) 부산지방법원 동부지원 2018.07.18 2017가단208555

양수금

Text

1. The Plaintiff jointly and severally with Nonparty C and D:

A. Defendant A shall be the scope of the property inherited from the network E.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against E, etc. with the Incheon District Court 2003da86779 (hereinafter “Korea Technology Finance Corporation”). On March 24, 2004, the said court rendered a judgment that “E shall jointly and severally with C and D to the Plaintiff for KRW 74,782,915 as well as KRW 73,340,050 as to KRW 20% per annum from December 8, 1998 to February 29, 200, and from the following day to April 16, 200, and KRW 20% per annum as to KRW 74,782,915 as to KRW 73,340,05.” The said judgment became final and conclusive at that time.

B. Claims based on the above judgment with respect to E are partially extinguished and thus, as of June 30, 2012, “74,679,015 won (including the outstanding principal KRW 73,236,150)” and “the instant claim” (hereinafter referred to as “the instant claim”).

C. On September 27, 2012, the non-party Fund transferred the instant claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and around that time, notified the Plaintiff of the fact of transferring the instant claim. D. On December 8, 2016, E died, and there was the Defendants and D, a sibling, who is the inheritor, as the inheritor. The Defendant reported a qualified acceptance to the Incheon Family Court, and the report was accepted on April 23, 2018. E. The Plaintiff filed the instant lawsuit for the extension of the prescription of the instant claim. The Plaintiff filed the instant lawsuit for the purpose of the extension of the prescription period of the instant claim. 【The grounds for recognition” 【Nos. 1, 2, and 3 evidence (including each number number, each of which

2. According to the facts of the above recognition, the defendant shall be jointly and severally with the non-party C and D, and the defendants shall be 24,893,005 won (total 74,679,015 won x 1/3) according to their inheritance shares (=total 74,679,015 won x 1/3) and 24,412,050 won among them (=principal 73,236,150 won x 1/3) from December 8, 1998 to February 29, 200; and the defendants shall be 20% per annum from March 1, 200 to April 16, 2003.