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(영문) 광주지방법원 2019.05.15 2018나3546
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The defendant (Appointed Party) who is the party to the lawsuit of the deceased C.

Reasons

1. Basic facts

A. On May 12, 2005, the deceased C (hereinafter “the deceased”) entered into a F-Use Agreement with E Co., Ltd. and took out a loan from the Plaintiff on July 6, 2007 with the above credit card (hereinafter “instant loan”), but failed to repay the principal and interest of the instant loan.

B. (The principal amount of KRW 19,925,524 as of July 25, 2007, interest KRW 1,229,368).

G Co., Ltd. (hereinafter “Plaintiff’s succeeding Intervenor”) changed to the same trade name as the Plaintiff’s succeeding Intervenor; hereinafter “Plaintiff’s succeeding Intervenor”) received the instant loan claims from the Plaintiff on April 16, 2009, and around December 2, 2009, notified the Deceased of the fact of the transfer and takeover of the said claims upon delegation of the Plaintiff’s power to notify the Plaintiff of the transfer of claims.

(2) As of February 27, 2009, principal KRW 19,925,524, provisional payment KRW 72,343 and interest KRW 9,930,192.

On the other hand, the deceased died on March 24, 2010. The deceased’s heir was wife H (hereinafter “Nonindicted Party H”), the Defendant, and the selected person. Nonparty H was adjudicated on May 13, 2010 by the Gwangju Family Court Decision 2010-Ma643 on the renunciation of inheritance (the foregoing adjudication became final and conclusive around that time), and the Defendant and the appointed person was tried on May 28, 2018 by inheritance inheritance approval granted to the deceased as the deceased’s predecessor under the Gwangju Family Court Decision 2018-Ma3174.

(The above judgment was finalized around that time). [The grounds for recognition] Gap's evidence 1 to 4, Eul's evidence 1 to 5, the purport of the whole pleadings.

2. Where the plaintiff's claim and the succeeding intervenor's claim are all effective as ordinary co-litigation in the case where the plaintiff did not withdraw from the lawsuit even though the plaintiff participated in the judgment on the plaintiff's claim, and the court shall decide on both the plaintiff's claim and the succeeding intervenor's claim.

(See Supreme Court Decision 2002Da16729 delivered on July 9, 2004, etc.). According to the above basic facts, the Plaintiff’s claim for the instant loan against the Deceased by the instant lawsuit is subsequent to the pronouncement of the first instance judgment.

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