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(영문) 서울중앙지방법원 2018.03.08 2017가단5049320
양수금
Text

1. The Plaintiff:

A. As to Defendant E’s KRW 69,017,361 within the scope of KRW 89,253,00 and KRW 68,660,00 among them,

Reasons

1. Facts of recognition;

A. When I receives a loan from the Japanese bank, J and E set their respective limits and jointly and severally guaranteed the above loan obligations.

On January 19, 207, the Korea Asset Management Corporation that received the above loan claim from the above Japanese bank filed a lawsuit against I, J, and Defendant E as Seoul Central District Court Decision 2006Da392511, and on January 19, 2007, "I, J, and E jointly and severally pay to the Plaintiff 69,017,361 won and 68,660,000 won per annum from December 11, 1994 to the date of full payment, and E and J paid the amount within the limit of 89,253,00 won." The above judgment became final and conclusive around that time.

B. On August 28, 2012, the Plaintiff received a claim based on the above judgment from the Korea Asset Management Corporation, and around that time, completed the notification of the assignment of claims upon delegation from the said Corporation.

C. Around August 11, 2008, I died, and Defendant B, C, and D, the spouse, are co-inheritors of the said I.

Defendant B and C obtained the recognition of the succession to each of the Defendants B and C’s High Government District Court No. 2010-Ma458, and Defendant D’s High Court No. 2010-Ma4466.

The J died on May 13, 2014, and Defendant F and his children, the spouse, Defendant G and H are co-inheritors of the said J.

Defendant F, G, and H obtained the inheritance limited approval with the Seoul Family Court 2014 Madan5606.

[Grounds for Recognition: Evidence Nos. 1 through 5, Evidence No. 1, Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant A, B, C, and D, who is the heir of the principal debtor I, succeeded to the obligation to take over the amount entered in the above judgment as the inheritance share ratio.

The specific account details are as follows:

A I B CD

B. Defendant F, G, and H, the heir of J as joint and several sureties, inherited the obligation to take over the above judgment within the scope of KRW 89,253,00 as inheritance share ratio within the scope of each inheritance share ratio.

The account details are as follows:

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