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(영문) 서울중앙지방법원 2015.05.22 2014가단5326460

양수금

Text

1. The defendant shall not exceed KRW 51,409,222 within the scope of the property inherited from the deceased B, and KRW 24,721,859 among them.

Reasons

1. Facts of recognition;

A. B entered into a loan agreement and credit card transaction agreement with the financial institutions listed below, and agreed to pay the principal and interest of the loan and part of the credit card use amount, if not repaid within the due date, if interest is overdue, or if interest is imposed a disposition of suspension of transaction by a clearing house, it shall lose the due date, and shall pay the balance of the loan and the interest thereon, if any, to the due date from the date of loss of the due date to the date of full payment.

Serial Bank loans of KRW 2007/8/14, 2,97,207,207, 3,516,152, 209/2/12,129,794, 1294, 638,983, and 10,719,403, KRW 12,504,063, 207/104,464, 201,246,237,5 national credit cards of KRW 2,614,065,61,05,006, 6384, 207, 207, 207,464, 464, 246, 237, 614, 617, 095, 205, 6,57, 284, 286, 2386, 297, 2537, 2864

B. B loses the benefit of time due to the failure to repay the principal and interest of the above loan, etc., and if the principal and interest are calculated according to the financial institution agreement rate and the interest interest rate prescribed by the Plaintiff from November 25, 2014 to November 25, 2014, it is as stated in the above Table.

C. The Plaintiff acquired each of the above claims against B from each of the above creditor financial institutions, and received delegation of authority to notify the assignment, and notified B of the assignment of claims.

The overdue interest rate determined by the Plaintiff is 17% per annum from the day after the date of confirmation of assets of each claim to the day of complete payment.

E. B died on June 12, 2013, and the Defendant, who was the child, solely succeeded to the property. The Defendant filed a report on the inheritance-limited approval with the District Court 2013 Doz.1633, and the said report was accepted on December 19, 2013.

[Ground of recognition] Unsatisfy, Gap 1 to 10 evidence, respectively.