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(영문) 서울중앙지방법원 2015.01.30 2014가단5259096
양수금
Text

1. The defendant shall pay to the plaintiff KRW 40,663,559 within the scope of the property inherited from the deceased B and KRW 25,97,875 among them.

Reasons

1. Basic facts

A. On October 24, 2002, Han Bank Co., Ltd. (hereinafter “I Bank”) rendered a general corporate loan of KRW 190 million on condition of 19% per annum on October 24, 2003, and on condition of 19% per annum on damages for delay, and the principal and interest not paid as of June 18, 2014 are KRW 40,663,559 (i.e., the balance of loans 25,977,875 won and 14,685,684 won as of June 17, 2014).

B. On October 10, 2012, one bank transferred the credit against the network B to the Lulsian Corporation, and thereafter transferred the credit to the Future Savings Bank Co., Ltd. (hereinafter “B”) on October 10, 2012, and notified the net B of the above assignment.

C. On June 22, 2007, the deceased on June 22, 2007, the Defendant and D, who are his spouse, jointly succeeded to the inheritance of the Defendant and D. D, which was the Seoul Family Court 2007 Gadan6088 on August 17, 2007, and C, on October 5, 2007, each renunciation of inheritance was accepted under the above court 2007 Gadan7443 on October 4, 2007, and the Defendant applied for an inheritance approval under the above court 2007 Gadan74444 and was accepted on October 4, 207.

(A) The Plaintiff demanded performance of the amount equivalent to the statutory share of the principal and interest of the Plaintiff, on the premise that said C and D are co-inheritors. However, in consideration of the decision to waive the above inheritance, the Plaintiff withdrawn the said lawsuit on November 20, 2014.

On April 30, 2013, the Future Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and the plaintiff was appointed as the bankruptcy trustee on the same day.

[Grounds for recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts, the defendant who becomes a sole inheritor due to the renunciation of inheritance by other co-inheritors: Provided, That the defendant, within the scope of inherited property from the deceased B, shall be the plaintiff:40,663,559 won of the principal and interest of the loan within the scope of inherited property from the deceased B, and 25,97,875 won of the principal and interest of the loan, as requested by the plaintiff, on November 25, 2014, the day following the delivery date of the application for the modification

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