(영문) 부산지방법원동부지원 2016.11.09 2016가단206606

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(영문) 부산지방법원동부지원 2016.11.09 2016가단206606

양수금

Text

1. The defendant shall not exceed KRW 9,292,754 and KRW 9,242,101 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

1. Basic facts

A. The Korea Credit Guarantee Fund filed a lawsuit against D and the defendant, who is the heir of the deceased as the principal debtor and joint and several sureties B (Death on April 24, 2004) with Seoul Western District Court Decision 2005Da45912, and filed a lawsuit for the claim of indemnity amount on April 26, 2006, "The plaintiff shall be the plaintiff, the defendant C shall be 32,525,414 won, and 32,347,354 won among them shall be 15% per annum from January 2, 2004 to April 1, 206, and 200% per annum from the following day to the date of full payment, and the defendant D and A shall be 9,292,754 won, and each of the above amounts shall be 16% of the total annual amount of 20% until the date of full payment."

B. The Credit Guarantee Fund shall be the Plaintiff on June 30, 2015.

Around that time, a claim for a judgment entered in the claim was transferred, and notified the defendant of the transfer.

C. On August 11, 2016, the Defendant reported to the Incheon Family Court 2016-Ma1690, and received an adjudication from the above court to accept a report of limited acceptance of inheritance, and the said adjudication was finalized on August 24, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition, unless there are special circumstances, the defendant is liable to pay the money recorded in the text, which is the money determined by the judgment of the previous suit, within the scope of the defendant's inherited property inherited from the deceased B, as the heir of the deceased B, a joint and several surety.

The defendant asserts that the claim of this case was a commercial claim and that the above claim of this case was extinguished by prescription in the lawsuit of this case which was filed more than five years after the time when it is legally possible. However, as seen earlier, the claim of this case is a claim based on the final judgment.

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