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(영문) 서울중앙지방법원 2019.10.15 2019나15518
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant has inherited property from the deceased C (D) to the plaintiff.

Reasons

1. Facts of recognition;

A. C was loaned KRW 9,640,000 from Company I on April 22, 2011.

B. On April 15, 2014, the Plaintiff received the foregoing claim from the foregoing bank, and the said bank notified the obligor of the assignment of claim on April 21, 2014 by content-certified mail.

C. C A died on November 10, 2013, and his heir is the co-defendant E, the spouse of the first instance court, the Defendant, the co-defendant F, G, and H.

On May 8, 2014, the Seoul Family Court 2014 Madan985 (Seoul Family Court) accepted the Defendant’s declaration of renunciation of inheritance as of January 29, 2014, the qualified acceptance as of January 29, 2014, and the Defendant’s declaration of renunciation of inheritance as of January 29, 2014, and became final and conclusive around that time.

E. Meanwhile, as of July 26, 2018, the details of the debt balance as of July 26, 2018 are as listed below, and the agreed damages rate is 15% per annum.

I Facts that there is no dispute, Gap evidence 1 to 4, Eul evidence 1 to 1 (including branch numbers), and the purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay to the Plaintiff 10,015,601 won and 5,753,207 won among them within the scope of the property inherited from the deceased C with the interest rate of 15% per annum from July 27, 2018 to the date of full payment.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is modified according to the amendment of the plaintiff's claim in the trial.

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