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(영문) 서울북부지방법원 2016.08.23 2016가단114672
양수금
Text

1. Within the scope of the property inherited from the deceased C, the Defendants are either KRW 34,276,114 and the amount thereof, respectively, to the Plaintiff.

Reasons

1. On February 27, 2012, C received a loan of KRW 30 million from SBA Savings Bank, Inc., and the Plaintiff acquired the above loan claim on September 17, 2015.

On the other hand, C died on May 1, 2014, and the Defendants, their parents, succeeded to C.

Accordingly, on December 15, 2015, the Plaintiff sought payment of the principal and interest of interest as of December 15, 2015 to the Defendants.

2. The defendants' assertion and judgment

A. The Defendants asserted that the Defendants filed a report on August 20, 2014 by filing an inheritance limited approval with the District Court 2014-Ma1009, and that the report was accepted.

B. (1) According to the records on the evidence No. 1, the Defendants may recognize the fact that the inheritance limited recognition report was accepted on May 14, 2014 by filing a qualified acceptance report on May 14, 2014. As such, the Defendants are liable to pay the net C’s obligations to the Plaintiff within the scope of the property inherited from the network C.

(2) Therefore, within the scope of the property inherited from the network C, the Defendants are obligated to pay to the Plaintiff each principal of KRW 34,276,114 (i.e., KRW 68,52,228 / 2) and each principal of KRW 15,00,00 (i.e., KRW 30 million/2) with interest rate of KRW 39.0% per annum from December 16, 2015 to the date of full payment.

3. In conclusion, the claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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