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(영문) 서울중앙지방법원 2017.01.11 2016가단35930

양수금

Text

1. The Plaintiff:

A. Defendant A, B, C, and D are limited to KRW 3,33,33, respectively, within the scope of the property inherited from the network G.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against Nonparty G, Defendant E, and F seeking the performance of guaranteed obligations by the Changwon District Court No. 2005da2540.

On January 4, 2006, the above court sentenced the Korea Deposit Insurance Corporation; Defendant G and E jointly and severally; Defendant F shall be KRW 20,000,000; Defendant F shall be from January 27, 2005; Defendant E shall be from February 19, 2005; Defendant F shall be from January 28, 2005; Defendant F shall be 5% per annum from January 28, 2005 to January 4, 2006; and Defendant F shall pay each share of 20% per annum from the following day to the full payment date; and the above judgment became final and conclusive at that time.

(hereinafter “instant judgment”). (b)

The Korea Deposit Insurance Corporation on June 23, 2009 (hereinafter referred to as the “Korea Deposit Insurance Corporation”) against the Plaintiff.

The claim for the judgment was transferred to Nonparty G, Defendant E, and F at that time, and the assignment of the claim was notified to Nonparty G, Defendant E, and F.

C. G died on November 4, 2014, and at the time of death, the Defendants, the heir, were the Defendants, and the share of inheritance was 1/6 each.

Defendant A, B, C, and D filed an application for a limited acceptance of inheritance with the Changwon District Court Branch Decision 2016 Madan100444, and the said Defendants filed an application for a limited acceptance of inheritance on November 7, 2016.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings]

2. According to the above facts of recognition, ① Defendant A, B, C, and D shall be the amount equivalent to the portion of inheritance among the net G debt recognized in the judgment of this case within the scope of the property inherited from the network G, and KRW 3,33,333 won (=20,000,000 x 1/6) and the amount calculated by the rate of 5% per annum from January 27, 2005 to January 4, 2006; ② Defendant E, and F shall be the amount equivalent to the portion of inheritance among the net G debt recognized in the judgment of this case (=20,000,000 x 1/6) and the amount calculated by the rate of 20% per annum from the next day to the day of complete payment; ② Defendant E, and F shall be the amount equivalent to the portion of inheritance among the net G debt recognized in the judgment of this case. < Amended by Act No. 7333, Jan. 27, 2005>