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(영문) 서울서부지방법원 2017.10.26 2016가단255104

양수금

Text

1. Within the scope of the property inherited from the deceased A, the Defendants each of KRW 12,801,780 to the Plaintiff and KRW 3,610 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 24, 2003, Defendant C agreed at 18% per annum on delay damages upon receipt of a credit card from Samsung Capital Co., Ltd., and the network A (hereinafter “the network”) jointly and severally guaranteed the above credit card payment obligation.

B. While Defendant C was in arrears with the above credit card payment, the above credit card related claims were transferred to Korea, the Korea-Japan-Japan-Japan-Japan-based Limited Liability Company, Solomon Mutual Savings Bank, and the Plaintiff transferred to the Plaintiff. On April 26, 2011, the Plaintiff finally acquired the above claims and completed the notification of the transfer of claims to the Deceased at that time.

C. As of October 18, 2016, the remainder of the principal and interest remaining as of the credit card price is KRW 76,810,684 (principal KRW 21,64,567).

On the other hand, the Deceased died on March 20, 2015, and the Defendants, who are the offspring of the Deceased, and D, E, F, and G (each reconciliation recommendation decision is final and conclusive) jointly inherited the Deceased.

They reported inheritance approval on December 29, 2016, Daegu Family Court Support 2016-Ma294, and the above court accepted it on March 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the deceased, as a joint and several surety obligor, is obligated to pay the Plaintiff a delay compensation amounting to KRW 76,810,684 and the principal amount of KRW 21,64,567. Since the above joint and several surety obligation of the deceased is a separate obligation, it is divided into the deceased’s children, who are co-inheritors, according to their statutory shares

However, the facts that all the deceased’s children, including the Defendants, filed a report on the inheritance-limited approval, and the report is accepted are as seen earlier. Therefore, the Defendants’ responsibilities are limited to the scope of the inherited property from the deceased. Therefore, the Defendants are obliged to perform the said obligations within the scope of the inherited property.

The defendants are inherited from the deceased.