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(영문) 서울중앙지방법원 2015.05.27 2014가단5063028
구상금
Text

1. The defendant, within the scope of the property inherited from the deceased B, 35,718,386 won and 34,361 among them.

Reasons

1. Basic facts

A. In relation to the Housing Credit Guarantee Fund established and operated pursuant to Article 12 of the Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers, the Korea Credit Guarantee Fund was sentenced to a judgment on January 27, 2004 that "the defendant shall pay to the plaintiff 34,718,156 won and 34,361,093 won with interest of 20% per annum from December 31, 1998 to the date of full payment" and the above judgment became final and conclusive around that time.

After that, the Korea Credit Guarantee Fund paid an additional amount of KRW 1,00,230.

B. Under the Korea Housing Finance Corporation Act, which was enforced on March 1, 2004, the Plaintiff was established and managed by the Korea Housing Finance Corporation.

C. The Plaintiff filed the instant lawsuit for the interruption of the statute of limitations for the said judgment.

The deceased B died on September 24, 2012, and C among the successors, C filed a declaration of renunciation of inheritance (Seoul Family Court 2012J 9653), and the Defendant filed a declaration of qualified acceptance.

Seoul Family Court (the Seoul Family Court 2012 Rada9654) / [Grounds for recognition] The fact that there is no dispute, descriptions of Gap 1 and 3 evidence, and the purport of the whole pleadings.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 35,718,386 won and 34,361,093 won with 20% interest per annum from December 31, 1998 to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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