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(영문) 서울중앙지방법원 2015.06.26 2014가단5112906
양수금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 100,000,000 and as to this,

B. Defendant A, C, and D are inherited from the network E.

Reasons

1. Basic facts

A. The Korea Asset Management Corporation filed a lawsuit against Defendant B and E with the Seoul District Court 2003Gahap51403, Oct. 28, 2003, “Defendant B paid 295,00,000 won jointly and severally with the New Total Business Co., Ltd., E, and Western Tourism Co., Ltd., and Defendant B paid 18% per annum from October 13, 1998 to October 9, 2003 to the day of full payment, and the above judgment became final and conclusive on Oct. 11, 2003.”

B. On September 28, 2012, the Korea Asset Management Corporation transferred claims based on the above judgment to the Plaintiff, and the Plaintiff delegated the authority to notify the assignment of claims notified to the Plaintiff.

C. On July 10, 2004, E succeeded to the property of Defendant B, A, C, D, and G, their children.

The Defendant B, A, C, D, and G reported the qualified acceptance of the deceased’s inherited property on September 5, 2008 by the Seoul Family Court Decision 2007Ra1403.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Accordingly, Defendant B is obligated to pay to the Plaintiff the amount of KRW 100,00,000 out of the above transfer amount as well as the amount of KRW 20,000,000 among the above transfer amount as well as the amount of KRW 100,000 among the above transfer amount as well as the amount of KRW 20,00,000 among the above 10,000,000 inherited from the network E, jointly with Defendant B, within the scope of the property inherited from the network; and each of them shall be 18% per annum from October 13, 1998 to October 9, 2003; and 20% per annum from October 10, 203 to the day of full payment.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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