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(영문) 서울중앙지방법원 2017.08.10 2016가단78470
양수금
Text

1. The Plaintiff, Defendant A, and Defendant A, Defendant B, C, D, and E respectively, with respect to KRW 3,65,450 for each of the said money and each of the said money on October 19, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence Nos. 1 and 6:

Plaintiff’s claim 1) Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”)

on March 13, 2006, Korea Bank (hereinafter “Korea Bank”)

(3) The Plaintiff entered into a loan transaction agreement with the Plaintiff and borrowed KRW 183 million from the said bank (hereinafter “instant loan”).

(2) On November 25, 2011, Nonparty F provided the Plaintiff with the instant loan obligation within the limit of KRW 2,0160,000,000 to our bank. (2) On January 27, 201, our bank transferred the instant loan obligation to the Plaintiff. The Plaintiff was delegated with the notification authority from our bank and notified the Nonparty Company of the transfer of the instant loan obligation on January 27, 2012.

3) As of June 22, 2016, the balance of the principal and interest of the instant loan claims as of June 22, 2016 is KRW 17,368,288, a total of KRW 197,368,288, and KRW 197,368,288. (B) The F’s death and the Defendants’ qualified acceptance of inheritance are deceased on November 2, 2015 (hereinafter “the deceased”) (hereinafter “the deceased”), and his heir is the spouse A, Defendant B, C, D, and E.

2) On December 1, 2015, the Defendants filed a qualified acceptance report on the deceased’s inheritance with the Incheon District Court Decision 2015Mo3628, Dec. 1, 2015, and notified the qualified acceptance of inheritance on December 24, 2015. On January 11, 2016, the Defendants publicly notified the qualified acceptance of inheritance. 3) On the inherited property list attached when the Defendants filed a report on the qualified acceptance of inheritance, the list of inherited property is active property and the first floor Nos. 102 and 103 (hereinafter “each of the instant real property”) of Jung-gu Incheon Metropolitan Government H No. 102 and the first floor No. 103 (hereinafter “Seoul Guarantee Insurance”) with a small property, each of the obligations of the creditors Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with the guaranteed debt amount of KRW 134,970,583, and KRW 237,804,083.

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