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(영문) 서울중앙지방법원 2015.11.13 2015가단5029810
양수금
Text

1. The Plaintiff:

A. Defendant D is entitled to KRW 72,720,066 within the scope of the property inherited from the net F and KRW 26,429 among them.

Reasons

1. Facts of recognition;

A. The netF bears the obligation of loans and other debts to each financial institution as listed below, and the net G jointly and severally guaranteed the netF’s credit card payment obligation to the Solomon Mutual Savings Bank.

F. F4,687,87,857,857 8,218,262 12,906,19, 119, 27.02.27, 209, F. 17,45, 45, 13,47,47,868, 263, 9203, 768, 9203, 7368, 688, 888, 208, 15, 205, 205, 205, 205, 207, 205, 15, 17, 205, 17, 205, 205, 17, 205, 17, 205, 130, 205, 15, 200, 15, 201, 15, 2005, 27, 13

B. The Plaintiff acquired each of the above claims from each of the above financial institutions.

C. The deceased G died on November 14, 2009, and the Defendant B and C, the spouse of the deceased, jointly inherited the deceased G’s property.

The deceased on July 17, 2014, Defendant D and Defendant E, the spouse of the deceased, jointly inherited the property, but was judged to approve inheritance by the Incheon District Court 2015 D and 1927.

[Ground of recognition] Defendant A, B, and C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the following facts are found: ① Defendant D’s KRW 72,720,06,06 within the scope of the property inherited from the network F (i.e., KRW 121,20,00 x KRW 3/5,000 x less than KRW 3/5; hereinafter the same shall apply) and KRW 26,429,602 among them (i.e., KRW 44,049,338 x 3/5). ② Defendant E’s KRW 48,480,04 within the scope of the property inherited from the network F (i.e., KRW 121,200,11 x 2/5) and among them (i.e., KRW 44,049,338 x 33/5) as to the Plaintiff; ③ Defendant D and D, jointly with Defendant D, ③ KRW 36,374,73636 x3747.7

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