(영문) 서울중앙지방법원 2016.11.04 2016나49374

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.11.04 2016나49374

양수금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On April 3, 199, the Plaintiff’s successor intervenor extended 10,000,000 won at the interest rate of 12.9% per annum (Provided, That where the period of loan exceeds one year due to the extension of the period, 0.5% per annum for each year), 22% per annum per annum, and 3 April 3, 2001 due date for repayment (hereinafter “instant loan”). Codefendant C and D (hereinafter “C and D”) of the first instance trial jointly and severally guaranteed the instant loan obligation.

B. However, B died on July 30, 201 without paying the loan at the due date stipulated in the instant loan agreement. The Defendant solely inherited B’s obligation. On August 29, 2014, the Busan Family Court reported the qualified acceptance on the inheritance of the deceased B’s property as Busan Family Court No. 2014Mo2968, Oct. 17, 2014.

C. On June 28, 2013, the Plaintiff’s succeeding intervenor transferred the instant loan claims to the Plaintiff, notified the assignment of claims on December 31, 2013, and revoked the assignment of claims with the Plaintiff on July 13, 2015, and notified the Defendant of the cancellation of the said assignment of claims on August 30, 2016.

The claim for the instant loan is KRW 3,901,720 with principal as of December 1, 2013, and KRW 2,603,129 with interest.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, Gap evidence 5-1, 2, Eul evidence 3-4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the claim of the instant loan was transferred to the Plaintiff to the Intervenor succeeding to the Plaintiff, and was returned to the Plaintiff as the Intervenor succeeding to the Plaintiff, the Defendant, who succeeded to the obligation of the instant loan from the network B, shall jointly and severally with the Plaintiff Intervenor within the scope of the property inherited from the network B (=3,901,720 won, KRW 2,603,129) and the principal amount of KRW 3,901,720, which is the date following the above base date, shall be from December 2, 2013 to the date of full payment.

유사 판례

-서울서부지방법원 2016.04.05 2015가단230443

-제주지방법원 2016.12.23 2016가단52561

-서울중앙지방법원 2017.05.16 2017가단3275

-서울중앙지방법원 2018.04.26 2016가단140146

-서울중앙지방법원 2015.05.07 2014가단5258246