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(영문) 서울중앙지방법원 2015.04.30 2014나20348
양수금
Text

1. Of the judgment of the court of first instance, the part against Defendant C before the taking-off of a lawsuit is modified as follows:

The defendant is against the plaintiff.

Reasons

Facts of recognition

On December 27, 2002, the bankruptcy trustee of Dongnam Bank Co., Ltd. filed a lawsuit against A and D for a loan claim as Seoul District Court Decision 2002Da1801489, and the above court rendered a judgment that “A and D jointly pay to the above bankruptcy trustee the amount of KRW 16,089,414 and the amount of KRW 8,300,000 per annum from January 1, 2002 to the date of full payment, and the above judgment became final and conclusive on January 29, 2003.”

On June 24, 2004, the trustee in bankruptcy of the Dongnam Bank transferred the claims under the above final judgment to the Plaintiff, and notified the claims to A on September 2, 2004.

A died on April 11, 2009. On June 22, 2009, A, a first-class heir of A, had succeeded to A by inheritance in the order of 3rd of the wife F and children G, Defendant, H, and I of E (Death in 2002), a second-class heir of the Daejeon District Court of Daejeon on June 22, 2009, where a declaration of renunciation of inheritance was accepted by the Daejeon District Court of Appeals 2009Mo122.

F, G, H, and I received the declaration of renunciation of inheritance against A on December 17, 2014 by the Daejeon Family Court Branch of the Daejeon Family Court 2014Ra295 on the same day, and the Defendant received a ruling to accept the declaration of renunciation of inheritance with support 2014Mo296 on the same day.

On January 10, 2013, the Plaintiff filed the instant lawsuit for the purpose of extending the prescription period of a final and conclusive judgment.

[Ground for recognition] According to Gap evidence Nos. 2, Eul evidence Nos. 3, Eul evidence Nos. 1, Eul evidence Nos. 1, the head of Jung-gu Daejeon Metropolitan City, and the head of Seo-gu Daejeon District Office, the fact-finding results of fact-finding on the whole purport of the pleadings, the lawsuit of this case is a lawsuit for the extension of prescription as the completion of the claim under the above final judgment is imminent, and the defendant is liable to pay to the plaintiff the amount of 16,089,414 won and the amount of 8,30,000 won among them, calculated at the rate of 21% per annum from January 1, 2002 to the date of full payment.

If so, the plaintiff's claim is reasonable.

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