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(영문) 서울중앙지방법원 2019.04.10 2018가합581014
양수금
Text

1. The defendant shall pay to the plaintiff KRW 597,212,163 within the scope of inheritance from the deceased C and KRW 229,902,574 among them.

Reasons

1. Facts of recognition;

A. On March 7, 2007, D Co., Ltd. (hereinafter “D”) entered into a credit transaction agreement between C and C with the “loan for Enterprise General Funds,” the loan amount of KRW 600,000,000, and the repayment date of March 7, 2008, and the “1.31% of the base interest rate,” and lent the said money on the same day.

B. On May 4, 2010, D had claims for loans of KRW 3,206,252 and KRW 1,364,344 and KRW 966,680, as well as claims for loans of credit card holders in addition to claims for loans of the above loans.

D on June 3, 2010, E transferred the entire claim for loans to E Co., Ltd., and E Co., Ltd. transferred the status of the transferee to the Plaintiff with D’s consent on June 29, 2010.

D On July 2, 2010, the notice of assignment of claims was sent to C. Around that time, the notice was sent to C.

C. The Plaintiff filed an application for an auction of real estate rent with the Suwon District Court F in relation to real estate offered as collateral and received dividends of KRW 518,233,37 in the distribution procedure. The Plaintiff’s remaining claims as of August 30, 2018 as of August 30, 2018 are principal amounting to KRW 229,902,574 and interest amounting to KRW 366,90,645, and KRW 408,944.

On the other hand, C died on March 29, 2016, and C was wife G, H and Defendant as inheritor.

G and H reported the renunciation of inheritance on May 24, 2016 and received a trial from the court on August 25, 2016 (Seoul Family Court Decision 2016Ra4460), and the Defendant was adjudicated on September 28, 2016 by reporting the qualified acceptance on May 24, 2016.

(Reasons for Recognition) The facts of absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above facts of recognition, the deceased C was liable to the Plaintiff for damages incurred by the principal amounting to KRW 597,212,163 (i.e., the principal amount of KRW 229,902,574, interest KRW 366,90,645, and interest KRW 408,945, and the principal amount of KRW 229,902,574, and the Defendant was liable for damages incurred by delay.

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