(영문) 서울중앙지방법원 2015.09.17 2014가단251929

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(영문) 서울중앙지방법원 2015.09.17 2014가단251929

양수금

Text

1. The Defendants shall be jointly and severally liable to the Plaintiff, and Defendant A shall be within the scope of the property inherited from the network C, and 136,525.

Reasons

1. Facts of recognition;

A. Nonparty C was loaned under Defendant B’s joint and several sureties with the content as indicated below with the Korea Mutual Saving and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”).

B. On October 31, 2003, the Plaintiff received the claim against K by the KFC in succession, and the KFC, the KFC transferor, notified the Defendant B of the transfer of the claim.

C. On October 21, 2004, the Plaintiff filed a lawsuit against C and Defendant B with the Seoul Central District Court Decision 2004Kadan189292, and confirmed that “The Defendant jointly and severally provided for KRW 826,267,028 to the Plaintiff, and KRW 332,967,146 to the Plaintiff, 30% per annum from September 9, 2001 to the date of full payment, and KRW 76,598,026 to the date of full payment, 36% per annum from July 17, 2003 to the date of full payment, and KRW 6% per annum from September 9, 2001 to August 23, 2004, and KRW 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive.

On February 28, 2012, C, the primary debtor, died on February 28, 2012, D, the inheritor, was tried to waive inheritance by Seoul Family Court 2012-Ma3828, and Defendant A was tried to approve inheritance inheritance by the same court 2012-Ma3827.

E. The amount of the Plaintiff’s claim is indicated below.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 3 evidence, Gap 2-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants jointly and severally seek payment of part of the amount of claims, and Defendant A is obligated to pay 30% per annum for KRW 136,525,787 and KRW 32,00,000 from April 28, 2011 to the date of full payment, 20% per annum for KRW 11,00,000 from June 25, 201 to the date of full payment, 18,000,000 per annum for KRW 20% per annum from September 9, 2001 to August 23, 2004, and 20% per annum for KRW 32,00 from the next day to the date of full payment.

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