양수금
1. The judgment of the court of first instance is modified as follows.
To the extent of the property inherited from the net B, the Plaintiff.
1. Basic facts
A. On December 27, 1996, Japan Bank extended a loan of KRW 30 million to B as security real estate.
B. On July 9, 199, when the Japanese bank failed to repay the above loan obligations, it notified the Korea Asset Management Corporation of the transfer of the above loan claims to B. On September 18, 2012, the Plaintiff acquired the above loan claims from the Korea Asset Management Corporation and entrusted the notification of the transfer of claims. On September 18, 2012, the Plaintiff notified the Defendant (Appointed Party) and the designated parties, the inheritor of B by serving the duplicate of the application for the payment order in this case.
(The plaintiff notified the transfer of the above assignment to B on September 28, 2012, but at the time, the notification was not effective since B had already died).
The remaining principal of the instant transfer amount as of December 14, 2015 is KRW 443,951, and overdue interest is KRW 14,938,614 (annual interest rate of KRW 17%).
On the other hand, B died on October 12, 2005, and C, the spouse, succeeded to the 3/19 shares of the Defendant (Appointed Party) and the Appointeds, D, E, F, G, H, I, and co-defendants of the first instance court, each of whom he succeeded to the 2/19 shares, and the Defendant (Appointed Party) and the Appointeds filed a petition for the judgment on the re-approval of inheritance as of August 10, 2016, the Suwon District Court Sung-nam Branch Branch 2016 was 20238, and received a decision on the re-approval of inheritance on November 14, 2016.
[Ground of recognition] Evidence Nos. 1 through 7, 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the Defendant (Appointed Party) and the appointed parties, who are the deceased B’s successors, are liable to pay to the Plaintiff the amount equivalent to their respective inheritance shares among the remainder of the principal and interest accruing from the transfer of this case within the scope of the property inherited from the deceased B and the damages for delay.
3. The Defendant (Appointed Party)’s defense against the Defendant (Appointed Party) is extinctive prescription for the Plaintiff’s claim for the amount of the transferred money, which occurred ten years prior to the lapse of the ten-year period.