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(영문) 대전지방법원 2019.06.04 2018가단217360
양수금
Text

1. The Plaintiff, within the scope of the property inherited from the network E, Defendant D’s KRW 139,562,886 and among them, KRW 29,66.

Reasons

1. Facts of recognition;

A. E was loaned 300 million won from the F Bank on October 30, 2002 at the rate of 19% per annum.

B. On September 29, 2005, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, F Bank transferred the principal and interest of the loan to E to the Plaintiff, and notified E of the transfer of the loan.

C. The above principal and interest debt of E remains 8,98,222 won as of May 1, 2018, and damages for delay 329,670,436 won.

However, after the E died on November 11, 2017, the Defendant D, B, and C, his spouse, succeeded to the principal and interest debt of E as follows.

However, on the other hand, on January 8, 2018, the Defendants filed a report on the inheritance limited recognition under the Sungwon District Court’s Sung-nam Branch Branch 2018Radan17, and the said court accepted the said report on the inheritance limited recognition on March 16, 2018.

D. A [Ground for recognition] without dispute, Gap evidence 1 through 4, Eul evidence 1, the purport of the whole pleadings and arguments

2. According to the above facts of recognition, Defendant D is obligated to pay damages for delay calculated at the rate of 19% per annum from May 2, 2018 to the date of full payment with respect to KRW 93,041,924 and KRW 19,77,382, respectively, as to KRW 139,562,86, and KRW 29,66,073 among them, and KRW 93,041,924, and KRW 19,77,382, respectively.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted.

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