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(영문) 서울중앙지방법원 2018.01.30 2016가단5311271
양수금
Text

1. The Defendants: (a) to the extent of property inherited from each network D, KRW 13,319,020 and KRW 5,65.

Reasons

1. Facts of recognition;

A. On March 11, 1998, three-party fisheries cooperatives loaned money to D on March 11, 1998, and on October 11, 2002, transferred its loans to the Korea Asset Management Corporation.

On October 19, 2006, the Korea Asset Management Corporation filed a lawsuit against D et al. claiming the loan by the Gangnam District Court 2006Kadan12233, and rendered a favorable judgment on October 19, 2006, which became final and conclusive around that time.

According to the judgment, D, etc. shall jointly and severally pay to the Plaintiff 53,276,083 won and 22,663,540 won, whichever is applicable, 18% per annum from June 28, 2006 to September 12, 2006 and 20% per annum from September 13, 2006 to the date of full payment.

B. On August 28, 2012, the Plaintiff acquired the claim for the above loan from the Korea Asset Management Corporation to D, and completed the notification of the assignment of claims accordingly.

C. D was declared missing on November 12, 2010 and deemed deceased on May 2, 2006, and was jointly inherited by the Defendants, who were the siblings.

On the other hand, on August 25, 2017, Defendant A received a qualified acceptance report under the aforementioned support 2017-Ma201 from the Chuncheon District Court Decision 2017-Ma201, Defendant B and C, September 13, 2017.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The Defendants should pay to the Plaintiff the principal and interest of KRW 13,319,020 (i.e., KRW 53,276,083 x 1/4 in inheritance claims) and 5,665,885 won (i.e., KRW 22,63,540 x 1/4 in inheritance claims) from June 28, 2006 to September 12, 2006 as to the principal amount (i.e., KRW 18% per annum from June 28, 2006 to September 12, 2006 and delay damages calculated at 20% per annum from September 13, 2006 to the date of full payment).

3. The plaintiff's claim for conclusion is legitimate, and it is so decided as per Disposition.

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