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(영문) 서울중앙지방법원 2016.10.25 2015가단5349873
양수금
Text

1. The Defendants are limited to KRW 8,571,428, respectively, to the Plaintiff within the scope of the property inherited from the network C.

Reasons

1. Facts of recognition;

A. On July 12, 2005, the Korea Asset Management Corporation filed a lawsuit against D, C, and E with the Gwangju District Court 2004da83162, and sentenced that "the defendants jointly and severally pay to the plaintiff 30 million won and the amount calculated by the rate of 14% per annum from January 1, 2001 to January 14, 2001, 19% per annum from the next day to May 9, 2001, and 18% per annum from the next day to the day of full payment." The above judgment became final and conclusive on October 12, 2005.

(hereinafter “the final judgment of this case”). (b)

C died on September 12, 2009, and the Defendants, their spouses, E and children, inherited their property.

C. On August 28, 2012, the Plaintiff acquired a claim established by a final judgment of the instant case from the Korea Asset Management Corporation, and filed the instant lawsuit for the extension of extinctive prescription of the said claim.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 3, fact-finding results on the Fdong Resident Center, purport of whole pleading

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, as the deceased’s inheritors, are obligated to pay the Plaintiff, who acquired the claim for the final judgment amount of this case, each of the KRW 8,571,428 (i.e., KRW 30 million x less than KRW 2/7, and less than KRW 2) and the delay damages therefrom, which amount to the statutory inheritance shares among the final judgment amount of this case.

B. The Defendants’ defenses asserted that the Defendants had qualified acceptance of inheritance from the deceased C. As such, the Defendants filed a report of limited acceptance of inheritance after the deceased C’s death and filed a report of limited acceptance of inheritance on November 3, 2009. Thus, there is no dispute between the parties. Thus, the Defendants are liable to perform the said obligation to the Plaintiff only within the scope of the property inherited from the deceased C.

The defendants' defense of qualified acceptance is justified.

C. The Defendants, within the scope of the property inherited from the deceased C, shall be limited to KRW 8,571,428, respectively, to the Plaintiff and the Plaintiff on January 201.

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