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(영문) 서울중앙지방법원 2016.02.16 2013가합534556

상속채무금 청구의 소

Text

1. The Defendant: (a) KRW 12,269,089,602 to the Plaintiff within the scope of the property inherited from the deceased C; and (b) accordingly, on January 2014.

Reasons

(a) by means of the HK Savings Bank, and our wave social, provided the Plaintiff and D shares as collateral and received approximately KRW 8 billion loans, and such transactions were conducted through a borrowed account in the name of X, I,Y, Z, AA, AB, AC, AC, N, AD, AE, AE, AH, AH, AI, AJ, and AK;

⑤ After having become aware of the death of the net C, P sold all D Shares 17,328,571 shares that were held as security until then on three occasions from June 10, 2013 to June 12, 2013, and acquired KRW 9,431,017,896.

(D) The statements of the persons related to the investigation process (D) were made to acquire KRW 3,894,380,700 by disposing of the Plaintiff’s shares owned by the network C, which were kept as collateral, and acquired KRW 3,894,380,700,000,000,000 for the Plaintiff’s shares owned by the Plaintiff and the Plaintiff as collateral on behalf of the network C. (D) The N, on behalf of the network C, stated that D shares were provided as collateral, KRW 300,000,000 for AL company, AL company, 50,0000,000 for AA, AAB 240,6950,000,000 for AP 30,0000, AP 1450,000 shares, Q Q 3150,3670 shares, **100000,5940 shares as collateral.

② At the time of the deceased C’s death, U, who had worked as the Plaintiff’s director, stated in the prosecutor’s investigation that, before 2012,148,571 shares owned by the Plaintiff, the deceased C provided 3,000,000 shares as collateral and borrowed money as a total in 22,148,571 shares and year 2013.

③ At the time of the Dong C’s birth, M, the representative director of the Plaintiff, at the time of the investigation, recognized the fact that the Dong C offered the Plaintiff-owned D Shares 2,745,388 shares as security and borrowed KRW 2 billion.

④ From February 201, N stated that, under the direction of the network C from February 2, 201 to the time of the death of the network C, S(P) 16 million shares, Q 3 million shares, S 1 million shares, T 2.1 million shares, AS(AT), AS 1450,00 shares, AR 2670, total sum of 2620,00 shares owned by the Plaintiff and borrowed money.

(2) The following circumstances, which are acknowledged by adding the purport of the entire argument to the above facts of recognition, namely, the net C’s shares held by the Plaintiff.