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(영문) 서울중앙지방법원 2015.02.12 2013가단251960
양수금
Text

1. The Plaintiff:

A. As regards Defendant A’s KRW 25,000,000 and as regards it:

B. Defendants B, C, and D are jointly and severally with Defendant A.

Reasons

1. Determination as to the claim against the defendant A, B, and C

A. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against Defendant A and E against the 2003dada5999 claim, such as the debt amount.

D. On November 18, 2003, the Seoul District Court rendered a favorable judgment in full favor of the Korea Deposit Insurance Corporation that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 245,340,450 and the amount calculated at the rate of 20% per annum from June 5, 2001 to the date of full payment”.

Article 22(1) of the Civil Procedure Act provides that “The judgment of the Republic of Korea (hereinafter “instant final and conclusive judgment”), and the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) shall transfer the principal and interest of the said judgment to the Plaintiff on June 24, 2010, and notify the Defendant A of the assignment of the principal debtor on July 28,

On the other hand, the defendant E died on June 26, 2004, and the heir is the defendant B, C, and D, who is the child, and the inheritance share is 1/3.

(v) The Plaintiff, as a transferee of the above final and conclusive obligation, seeks payment of KRW 25,00,000, which is a part of the acquisition amount. The claimed principal pursuant to the inheritance shares of Defendant B, C, and D are KRW 8,33,33 (=25,00,000), respectively.

(b) Defendant A based on the judgment made by confession, deemed confession, and by public notice: Articles 208(3)2 and 150(3) of the Civil Procedure Act; Defendant B and C by public notice

2. Determination as to the claim against Defendant D

A. Prior to the absence of dispute, prior to the final and conclusive judgment in the instant case, the following facts are without dispute between the Plaintiff and Defendant D: (a) the progress, contents and existence of the final and conclusive judgment in the instant case; (b) the inheritance relationship of E; and (c) the inheritance shares of the inheritors, including Defendant D; and (d) Defendant D’s request for an adjudication on the inheritance limited authorization as of September 16, 2014, which was after the death of the deceased E; and (b) the said court accepted it on November 20, 2014.

(b) Legal assignment of claims.

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