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(영문) 서울중앙지방법원 2016.04.22 2014나6694
양수금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant A, D, E, and F are inherited from the network G.

Reasons

1. Basic facts

A. G around December 12, 1997, while using a credit card issued by the Japanese bank, G delayed payment of the usage amount. As of May 31, 1999, the credit card use amount in arrears is the principal amount of KRW 1,411,752 (interest separate).

B. On July 9, 1999, the Japanese bank transferred the claim against G for the credit card use price to the Plaintiff, and the Plaintiff, upon delegation from the Japanese bank, notified G of the assignment of claim on July 12, 1999.

C. Meanwhile, as of October 6, 2012, G’s total amount of principal and interest on the above credit card user’s debt as of October 6, 2012 is KRW 6,657,446 (i.e., principal amount of KRW 1,411,752 and interest KRW 5,245,694). The interest rate for delay determined by the Plaintiff’s operating rules within the agreed interest rate for purchase claims is 28% per annum.

On the other hand, G died on October 12, 2006, and H, a first-class inheritor, filed a declaration of renunciation of inheritance with the Suwon District Court Branch of 2006 Ma1194, and was tried to accept it on January 9, 2007.

E. As G’s 2nd heir, the Defendants, J, and K exist, and Defendant A, D, E, and F filed a report on the approval of the succession to G with the inheritee under the Suwon District Court’s Ansan Branch of 2008Radan1565, and received a judgment to accept the said report on September 30, 2008. The J and K filed a report on the renunciation of inheritance on April 8, 201 with the Suwon District Court’s Ansan Branch of 201Mo117, the inheritee filed a report on the renunciation of inheritance.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged as above, Defendant A, D, E, and F inherited the property of the deceased L. As such, Defendant B, and C inherited the property of the deceased L. As to KRW 951,063 (i.e., KRW 6,657,446 x KRW 1/7; hereinafter the same shall apply) and KRW 201,678 (i.e., KRW 1,41,752 x 1/7) within the scope of the property inherited from the deceased G. As to the Defendants and I, Defendant B, and C, respectively, and KRW 201,678 among them.

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