beta
(영문) 부산지방법원동부지원 2020.08.19 2020가단207194

양수금

Text

1. Within the scope of the Plaintiff’s property inherited from the network E, Defendant A shall be limited to KRW 14,260,827, Defendant B, C, and D, respectively.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation filed a lawsuit against the Defendants, the heir of the network E regarding the claim for reimbursement jointly and severally guaranteed by the network E, as Seoul Central District Court 2009Da22750.

B. The Defendants’ share of inheritance against the network E is 3/36 in the case of Defendant A, 2/36 in the case of Defendant B, C, and D, respectively.

C. On January 8, 2010, the above court rendered a judgment that “Defendant A shall pay the amount of KRW 7,424,775 and KRW 2,617,461 as well as KRW 4,949,850 as well as KRW 1,74,974 as to KRW 1,74,974 as well as KRW 25% per annum as to KRW 4,94,850 as well as KRW 1,74,974 from May 27, 1998 to the day of full payment,” and the above judgment became final and conclusive around that time.

(hereinafter “Prior Judgment”) D.

On October 30, 2013, the Korea Technology Finance Corporation transferred the instant advanced judgment 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. Around that time, the Korea Technology Finance Corporation notified F Co., Ltd. of the assignment of claims

E. On January 4, 2006, E died, and the Defendants filed a report of limited acceptance of inheritance regarding the deceased’s inheritance on April 4, 201.

F. As of December 30, 2019, as of December 30, 2019, the principal of the claim pursuant to the preceding judgment of this case was terminated by repayment, and the interest and delay damages (However, the interest rate for delay is within the interest rate fixed by the instant payment order and determined by the Plaintiff) remains in total KRW 171,129,926.

G. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription period of the prior judgment claim of this case.

[Grounds for Recognition: Evidence No. 1 to No. 4, Evidence No. 1 to No. 1, and the purport of the whole pleadings]

2. Determination

A. The Defendants asserted that the lawsuit of this case should be dismissed as there is no benefit of the lawsuit, but the lawsuit of this case should be dismissed as there is no inheritance acceptance and there is no inherited property against the deceased E.