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(영문) 서울중앙지방법원 2018.01.30 2017가단5060440
대여금
Text

1. The Defendants: (a) within the scope of the property inherited from C to the Plaintiff, either KRW 95,381,672, and KRW 50,000.

Reasons

There is no dispute between the parties, or it is possible to understand the contents of Gap evidence 1 through 4 and the whole purport of the pleadings.

On December 15, 1999, Dongi Mutual Savings Bank Co., Ltd. loaned money to C on December 30, 199, and then transferred its principal and interest interest claim to the Gyeonggi Savings Bank Co., Ltd.

On December 8, 2006, the Gyeonggi Savings Bank filed a lawsuit against C on the claim of the amount of credit, and rendered a favorable judgment with the District Court 2004da48799 on Dec. 8, 2006, and the judgment became final and conclusive as it is.

According to the judgment, C, jointly and severally with D, is jointly and severally liable to pay 62,081,040 won, jointly and severally with E, the amount calculated by the rate of 19% per annum from June 29, 2002 to the date of full payment.

The amount of claims remaining as of December 31, 2003 is KRW 1,330,047,573, including the principal amount of KRW 985,346,457.

On the other hand, C died on June 27, 2012, and the Defendants and F, who were the siblings, jointly inherited in proportion to their shares of inheritance.

On November 9, 2017, the application for the qualified acceptance filed by the Defendants was accepted as the District Court 2017Ra891.

Therefore, the Defendants are obligated to pay to the Plaintiff for the interruption of the extinctive prescription amounting to KRW 95,381,672 within the scope of the inherited property from each C and KRW 50,000,000 per annum from January 1, 200 to the day of full payment.

As the plaintiff's claim is legitimate, it is decided as per Disposition.

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