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(영문) 부산지방법원 2016.02.02 2015가단40810

양수금

Text

1. The Defendant’s KRW 14,50,000 as well as the Plaintiff’s annual rate from February 16, 2012 to February 2, 2016, and the following.

Reasons

1. Facts of recognition;

A. On June 15, 1997, the deceased B (hereinafter “the deceased”) set forth KRW 4,00,000 as due date for repayment of KRW 3,00,000 to C (name D before the opening of name) and lent it as 2% per month of interest.

C On September 5, 1997, on the deceased, a written statement of payment to the effect that “C exchanged in cash from the deceased on May 20, 1997 the shares per share as of May 15, 1997 of the issuance of the International Human Resources Development Institute, Inc., and on August 15, 1997, payment shall be made by December 30, 1999.”

B. On March 15, 2001, the Defendant (C’s spouse) written a loan certificate with the Deceased that the Defendant would pay the Deceased KRW 24,000,000,000, in lieu of the above loan and the agreed amount to the Deceased, and stated that the date of repayment for transplant and transplant will be 20,000 won per March 15, 202.”

C. The Deceased died on November 2, 2005, and his heir was wife E, children F, G, H, I, and J. D.

On April 3, 2015, the heir of the deceased except E (hereinafter referred to as “herman’s heir”) transferred a loan of KRW 21,300,000 (24,000,000-2,70,000) to the Plaintiff on the premise that the deceased was paid the principal amount of KRW 2,70,000 to the Defendant, and the interest claim thereon up to that date.

E. On April 6, 2015 and April 10, 2015, the Plaintiff received delegation of the power to notify the assignment of claims from the remaining successors, and sent a notice of assignment of claims to the Defendant, but returned all of them.

F. On April 7, 2015, the Plaintiff: (a) on the ground that he/she was transferred the above loan claims from the deceased’s heir, and (b) on the ground that he/she was transferred the above loan claims, “the amount less

The original copy of the above payment order was served on May 27, 2015. [Grounds for recognition] Gap 1, 3, 7 through 10, 13 through 15 (including each number; hereinafter the same shall apply)

each. of this section.