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(영문) 서울중앙지방법원 2016.04.12 2015가합637

양수금

Text

1. The Plaintiff:

A. Defendant C, D, and F shall be limited to KRW 142,789,744, respectively, within the scope of the property inherited from the network G.

Reasons

1. Facts of recognition;

A. The loan and guarantee of this case 1) Non-party 1 is mutually changed to a good credit safe (which is then changed to a good mutual savings bank; hereinafter referred to as "non-party bank").

On May 13, 2002, the Plaintiff entered into a credit transaction agreement with Nonparty H on May 13, 2003, setting the credit limit of KRW 300,000,000, credit maturity of May 13, 2003, at the interest rate of KRW 13% per annum, and at the interest rate of KRW 25% per annum, and loaned KRW 300,00,00 (hereinafter “instant loan”).

At the time, Defendant A guaranteed the instant loan obligation. (2) On February 9, 2004, Defendant A assumed the instant loan obligation against the non-party bank of H with exemption from liability, and Defendant A and B guaranteed the instant loan obligation up to KRW 390,000,000 on the same day.

B. On March 16, 2007, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Supervisory Commission made a decision to transfer a contract related to financial transactions, such as the lending of deposits, to the Plaintiff (hereinafter “decision to transfer a contract”). On March 16, 2007, the bank and the Plaintiff publicly announced the summary of the decision to transfer a contract in a daily newspaper and substituted it for the notification of the transfer of claims of this case.

C. Meanwhile, G died on September 28, 2005, and Defendant C, D, E, B, and F inherited G’s property according to their respective 1/5 shares of inheritance.

On December 24, 2009, the Defendant C, D, and F filed a petition for a trial on the limited recognition of inheritance with the Suwon District Court Branch 2009Mo1483 on June 8, 2010. The report on the qualified acceptance was accepted on September 8, 2010. Defendant E filed a petition for a trial on the limited recognition of inheritance with the Ansan District Court Branch 2015Mo1487 on September 22, 2015, and the report on the qualified acceptance was accepted on December 28, 2015.

As of February 12, 2013, the Plaintiff’s claim for the instant loan that the Plaintiff acquired remains KRW 107,386,537 and KRW 606,562,185 as of February 11, 2013.

[Ground of recognition] without any dispute, Gap 1 through 3, Eul 1, 4, 5.