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(영문) 서울중앙지방법원 2015.04.28 2014가단5028063
구상금
Text

1. The Plaintiff:

A. Within the scope of property inherited from the network D, Defendant A shall be limited to KRW 13,103,362 and 13.

Reasons

1. Determination as to the claim against the defendant A and the defendant B

A. Claim 1) The Plaintiff (the Korea Credit Guarantee Fund has succeeded to the rights and obligations of the network D).

On September 26, 2003, under the network D’s joint and several guarantee, the Plaintiff entered into a housing finance credit guarantee agreement with Nonparty E and the guaranteed principal of KRW 30,00,000. The Credit Guarantee Fund paid KRW 30,450,410 on behalf of the Plaintiff for the failure to perform its obligation under the said credit guarantee agreement. (ii) The network D died on May 2, 2008, and caused Defendant A to succeed to the network’s common property at the inheritance rate of KRW 3/7, Defendant C, and Defendant B inherited from the Seoul Family Court on July 2, 2008.

3) Accordingly, Defendant A and Defendant B have the obligation to pay the Plaintiff the money stated in the purport of the claim only within the scope of the property inherited from the network D. However, Defendant A and Defendant B asserted to the effect that the Plaintiff’s claim should be dismissed in entirety because they did not have any property inherited from the network D. However, the qualified acceptance of inheritance does not limit the existence of the obligation, but merely limit the scope of liability, so long as there is no inherited property, the Defendants’ assertion in this part cannot be deemed a legitimate legal assertion.

A person shall be appointed.

2. Determination as to the claim against Defendant C

(a) paragraph 1. A of this paragraph is the same as that of the claim;

(b) Judgment to recommend confession;

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