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(영문) 서울중앙지방법원 2019.07.25 2018나80775
양수금
Text

1. The decision of the first instance court is modified according to the reduction of the purport of the claim in the plaintiff's trial as follows.

The defendant is deceased.

Reasons

1. Basic facts

A. The net C had each obligation on each of the financial institutions listed in the attached Table C, and the Plaintiff acquired the above obligation from the above financial institutions.

B. On July 30, 2008, the Plaintiff filed a lawsuit against the Defendant for the claim for acquisition amount (Cheongju District Court 2008Da15117) against each of the above claims, and received a favorable judgment on July 30, 2008, and the above judgment became final and conclusive on September 9, 2008.

C. The deceased C died on February 13, 2012, and the first heir is wife I, J, K, and the second heir is the mother. D.

On May 16, 2012, the report of the waiver of the inheritance of the property of I, J, and K's deceased C, the first heir, was accepted on May 16, 2012 (Cheongju District Court 2012Ra396), and on June 21, 2013, the report of the limited acceptance of the inheritance of the Defendant's deceased C's deceased property as the second heir was accepted.

(Cheongju District Court 2013 Madan490). e.

As of May 29, 2018, the debt amount of each of the above claims as of May 29, 2018 is as shown in the attached Table, and the overdue interest rate applied thereafter is 15% per annum.

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

2. Accordingly, the Defendant is obligated to pay to the Plaintiff 129,426,834 won and damages for delay calculated by the rate of 15% per annum from May 30, 2018 to the date of full payment with respect to the agreed interest rate of 36,338,575 won, within the scope of inheritance from the deceased C (M).

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is modified in accordance with the reduction of the plaintiff's claim in the trial.

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