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(영문) 서울중앙지방법원 2016.07.20 2015가단5085148
양수금
Text

1. The Defendants: (a) to the extent of the property inherited from the network E, KRW 49,421,883, respectively, and KRW 12,50,00 among them.

Reasons

1. Facts of recognition;

A. The Seoul Mine Credit Union made a loan to E on March 10, 1997 by setting the interest rate of KRW 50 million per annum, interest rate of KRW 15% per annum, interest rate of KRW 22% per annum, and one year after the due date.

B. E lost a benefit by failing to repay the loan, and the above loan claims against E were transferred to Solomon Savings Bank through the Reorganization Financial Corporation, the Seoul Metropolitan Government, and the Seongbuk Mutual Savings Bank, Co., Ltd. on December 11, 2009. The assignment of the credit was notified at each time of transfer.

C. E’s obligations are KRW 147,687,532, including principal and interest, as of January 12, 2015, totaling KRW 147,687,532, including principal and interest.

E died on September 7, 2013, and the Defendants became the inheritor.

The Defendants were accepted by filing a report on the inheritance limited recognition with the Gwangju Family Court 2015 Madan1685.

E. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the bankruptcy trustee.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from June 30, 2016 to the date following the delivery of a copy of the application for modification of the purport of claim as of June 27, 2016, to the date of full payment, as the Plaintiff seeks with respect to KRW 49,421,883 ( KRW 197,687,532 x 1/4) corresponding to their respective shares of inheritance to the Plaintiff within the scope of the property inherited from the deceased.

3. The plaintiff's claim for conclusion is justified and acceptable.

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