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(영문) 서울중앙지방법원 2016.09.30 2014가단5340565
양수금
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff for KRW 250,96,216 and KRW 48,000,000 among them.

Reasons

1. Claims against the defendant A and B

(a) Indication of Claim: The primary debtor shall be Defendant A; the Plaintiff acquired the claim of the Gyeongnam Mutual Savings and Finance Company, such as the entry in the Schedule No. 1 with the joint and several sureties as Defendant B; on June 5, 2014, the remaining obligations as of June 5, 2014 are as shown in the Schedule No. 2, and upon some of the claims, the amount recorded in the column for the sum as stated in

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant A;

A. The Plaintiff’s primary debtor is Defendant A, and the Plaintiff acquired the claim of the Gyeongnam Mutual Savings and Finance Company as indicated in the attached Table 1, which is the joint guarantor D. As of June 5, 2014, the remaining debt as indicated in the attached Table 2 is as shown in the attached Table 2. Defendant C, as the spouse of the DoD, inherited the DoD’s property together with Defendant B, who is the DoD’s children. As such, the Plaintiff sought payment of the corresponding part of the total amount stated in the attached Table 3, which is corresponding to the inherited shares, for which the Plaintiff seeks partial claim in this case.

B. According to the purport of the entire pleadings, the above defendant can be found to have received a notification of the acceptance of the above report under the Busan District Court Family Branch Decision 2009Mo275 on March 2, 2009 by reporting the renunciation of inheritance against the deceased D. Thus, the plaintiff's claim against the above defendant is without merit.

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