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(영문) 서울중앙지방법원 2017.04.21 2016가합28533
양수금
Text

1. The Plaintiff:

A. Defendant A and B: 100,000,000 won for each of them; from July 8, 2005:

B. 1 Defendant C shall be 3,33.

Reasons

1. Facts of recognition;

A. Nonparty G (hereinafter “the deceased”) served as the president of H Credit Union from February 27, 1997 to August 6, 2001 (hereinafter “H Credit Union”); Defendant A, from November 10, 1980 to October 22, 1999, as H New Credit Union; and Defendant B, as the agent for H New Credit Union from June 1, 1995 to August 8, 2001, respectively.

(hereinafter referred to as the above deceased, A, and B "three persons, such as the deceased, etc." B.

The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against three persons, including the deceased, against the Seoul Central District Court on June 18, 2005, by asserting that three persons, such as the deceased, incurred damage to the HW as indicated in the “the cause for the claim”, and on December 1, 2006, the above court sentenced the Seoul Central District Court on December 1, 2006 that “three persons, such as the deceased, etc., paid to the Korea Deposit Insurance Corporation the amount of KRW 100,000,00 and each of the above amounts from December 8, 2005, and from July 8, 2005 to the date of full payment, Defendant Deceased paid the amount at a rate of 20% per annum (20% per annum53694).” The judgment became final and conclusive on February 28, 2007.

C. On March 11, 2010, the Korea Deposit Insurance Corporation against three (3) persons, including the Deceased, of the Korea Deposit Insurance Corporation, to the Plaintiff.

The claim based on the judgment stated in the subsection was transferred. D.

On October 22, 2010, the deceased died, and on November 22, 201, the Defendant C, D, E, and F (the Defendant C’s inheritance shares: 3/9, and the remaining Defendants’ inheritance shares: 2/9, respectively), who is co-inheritors of the deceased, reported the qualified acceptance on the inheritance of the deceased’s property in the Suwon District Court, on November 26, 2010, and the said court accepted the said qualified acceptance report on February 25, 201.

[Reasons for Recognition]

(a) Defendant A and B: Article 150(3) and (1) of the Civil Procedure Act (in a case where deemed as white);

(b) Defendant C, D, E, and F: The absence of dispute, Gap evidence 1, Gap evidence 2-1 through 6, Eul evidence 1, and the purport of the whole pleadings and arguments

2. According to the above facts of recognition, Defendant A and B as recognized in each of the above 2005Gahap53694 decision, and Defendant C as from July 8, 2005, and the above 2005Gahap536944.

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