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(영문) 서울중앙지방법원 2016.05.27 2015가합27915
양수금
Text

1. The extent of the property inherited by the deceased I from the deceased J shall not exceed the extent of the property:

A. Defendant A, B, C, D, and E are each 252.

Reasons

Facts of recognition

On May 14, 1981, K Investment Finance Co., Ltd. entered into a bill trading agreement with K Co., Ltd. (hereinafter “K”) with the limit of 4,00,000,000 won per annum and 25% per annum. The J guaranteed the obligation to be borne by K under the said bill trading agreement on the same day.

K accepted and transferred 28 promissory notes to Korea Investment Finance Co., Ltd. around that time, and borrowed 2,730,000,000 as discount money from Korea Investment Finance Co., Ltd.

Each of the above promissory notes was legally presented on the date of payment but was rejected.

On May 25, 1996, Kan Investment Finance Co., Ltd. has changed its name to Kan Investment Finance Co., Ltd. (hereinafter “Korea Comprehensive Finance Co., Ltd”) and completed its registration on June 27, 1996.

K was declared bankrupt by the Seoul District Court (No. 99Ha154) on June 30, 1999, and the Korea General Finance reported K's claim as bankruptcy claim in the bankruptcy procedure.

On August 5, 2005, the Seoul Central District Court filed an application for a payment order against L and M to claim for the guaranteed debt (2005 tea38348) with J. The above court ordered the payment order with the content that "J shall pay to L, M, the trustee in bankruptcy, and M, the amount of KRW 15,13,061,365, and the amount of KRW 2,730,000,000 per annum from July 1, 2005 to the date of full payment." The above payment order was finalized on September 2, 2005.

The J died on March 15, 2007. On May 2, 2007, I, the deceased's spouse of the deceasedJ, received a ruling to accept it from the above court on May 2, 2007, by filing a report of limited recognition of inheritance (2007 D) with the Daejeon District Court, and both Defendant A, C, D, E, and D (N is the children of the deceasedJ, and the spouse of Defendant F, G, and H (N is the deceased's children of the deceasedJ, and the children of Defendant F, G, and H are the children of the deceasedO) who died on October 19, 196.

I died on March 12, 2008, and died.

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