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(영문) 서울중앙지방법원 2018.09.06 2017가합33679

양수금

Text

1. Within the scope of the property inherited from each net C, to the Plaintiff:

A. Defendant A: 180,000,000;

(b) the defendant.

Reasons

1. Facts of recognition;

A. In the case of an application for a loan payment order filed by the Korea Deposit Insurance Corporation against C by the Korea Deposit Insurance Corporation of Korea, the bankrupt company of Korea, and the Korea Deposit Insurance Corporation of Korea (Seoul Central District Court 2007Da66073), on September 14, 2007, the payment order was issued on October 18, 2003, and the amount of money calculated by C at the rate of 23% per annum from October 18, 2003 to the date of full payment.

B. C died on August 2, 2009.

At the time of the above death, the deceased’s family members were D, E, and F, the wife of the Defendant A and his children, but the Seoul Family Court 2009-Ma8209 was accepted on November 6, 2009 in the case of inheritance limited recognition and renunciation of inheritance, Defendant A’s refusal of inheritance on September 10, 2009, respectively.

C. On June 13, 2011, the above trustee in bankruptcy transferred the loan claims finalized in the above payment order to the Plaintiff.

On the other hand, in the Seoul Family Court case 2018 the 50321 case of refusal of inheritance, G and H’s report was accepted on January 30, 2018, which renounced the inheritance of the deceased’s property, and the Seoul Family Court 2016-Ma576 case of inheritance limited acceptance of B(the deceased’s mother)’s declaration of qualified acceptance was accepted on January 22, 2016.

[Ground of Recognition] Defendant A: Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 3 (including additional numbers), fact-finding inquiry to the Mapo-gu Office of this Court, the whole purport of the pleadings, defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the plaintiff received the loan claim against the deceased which was finalized in the above payment order, and received a duplicate of the application for the payment order of this case and the service of its documentary evidence, and thus, the notification of the transfer of the claim to the defendants, who are limited successors of the deceased, was given. Accordingly, within the scope of the property inherited from each deceased, the plaintiff, within the scope of the property inherited from each deceased, the defendant A was in KRW 180 million (=30 million x 3/5 of the inherited portion) and the defendant B was in KRW 120 million.