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(영문) 서울중앙지방법원 2016.09.28 2015가단5329299
양수금
Text

1. The plaintiff's claim is dismissed.

2. The defendant shall within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea has made loans to B as follows:

B

B. On May 29, 2014, the Industrial Bank of Korea transferred claims against B to the Plaintiff, and notified the transfer of claims at that time.

C. Loans not repaid by B are KRW 45,279,897 in total as of July 15, 2015 as follows, and the interest rate in arrears determined by the Plaintiff is 11% per annum.

B died on December 29, 2013, and the defendant, the heir of B, was accepted by filing a report of inheritance limited recognition with the Gwangju Family Court 2014Jadan492.

E. On March 15, 2016, when the lawsuit of this case was pending, the Plaintiff transferred the claim to the Plaintiff’s succeeding intervenor, and the Plaintiff’s succeeding intervenor delegated the notification of transfer notified the Defendant of the assignment of the claim at that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts found by the Plaintiff, the Plaintiff transferred his claim against the Defendant to the Intervenor succeeding to the Plaintiff while the lawsuit in this case is pending, and completed the notification of the transfer, so there is no claim against the Defendant.

B. According to the above facts, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff within the scope of the property inherited by the Deceased at the rate of 11% per annum from July 16, 2015 to the day of full payment as to KRW 45,279,897 as well as the total amount of KRW 35,806,636 as to the Intervenor succeeding to the Plaintiff, the assignee of the claim, within the scope of property inherited from the Deceased.

3. The plaintiff's claim is dismissed on the ground that the plaintiff's claim is without merit, and the plaintiff's claim is accepted as reasonable.

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