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(영문) 서울중앙지방법원 2015.04.08 2014가합55395
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay a full amount of KRW 942,579,784 and KRW 253,00,000 among them.

Reasons

1. Facts of recognition;

A. On October 12, 204, the Korea Deposit Insurance Corporation of the bankrupt Mutual Savings and Finance Company of Dong Bank Co., Ltd. was sentenced to ① 1,00,00,000 won jointly and severally with Defendant A and E, and around that time, the above judgment was finalized (Seoul Central District Court 2004Ra15193), ② on August 5, 2005, E was jointly and severally with Defendant A and severally paid 2,426,546,530 won and its 2,90,000,000 won to Defendant A and E, and 2,565% of the total amount of 2,50,000 won until August 5, 200, 200, 206, 36% of the total amount of 2,50,53,000 won to Defendant D and E were paid to Defendant D until 26,265% of the total amount of 2,530 won from August 26, 2001,25.

(Seoul Central District Court Decision 2005Kadan285944).(b)

On June 13, 201, the Plaintiff received a claim, such as the above judgment amount, from the Korea Deposit Insurance Corporation in bankruptcy of the Dong Bank Mutual Savings and Finance Company, a bankrupt company, and notified Defendant A and E of the fact of transfer of claim on August 9, 201.

C. On October 5, 2013, E died on October 5, 2013, and Defendant C and D, the spouse of the Defendant B, C and D inherited their property. Defendant B, C and D were subject to a qualified acceptance trial on inheritance of E’s property on January 21, 2014.

Seoul Family Court (Seoul Family Court Decision 2013 Dodan9882) / [Grounds for recognition] Gap 1, 2 (including each number), Eul 1, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the claim against Defendant A, upon the Plaintiff’s request for interruption of extinctive prescription, Defendant A’s claim against the Plaintiff within the scope of the foregoing judgment amount, as to KRW 942,579,784 and KRW 253,00,000 among them.

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