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(영문) 서울중앙지방법원 2020.04.23 2019가합553917
양수금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 448,739,09 and KRW 300,00,00 among them:

B. The defendant B shall be jointly and severally 1.

Reasons

1. Basic facts

A. Nonparty G organization (hereinafter “G organization”) filed a lawsuit against Defendant B and net F with Seoul Central District Court 2008Da417889, and on March 31, 2009, the above court rendered a judgment that “Defendant B and network F jointly and severally paid to G organization the amount of KRW 4,098,483,772 and KRW 2,740,000,000 per annum from October 29 to March 31, 2009, and the amount of KRW 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”).” The judgment became final and conclusive on April 17, 2009.

B. The instant judgment claim was transferred to Nonparty H on June 3, 201, to the non-party H on December 13, 201, to the I Limited Company, and to the Plaintiff on June 3, 2013, and the notice of assignment of claim was lawful.

C. The deceased F (hereinafter “the deceased”) died on November 11, 2018, and the deceased’s heir had J, Defendant E, and D, the spouse of the deceased.

J filed a report on the renunciation of inherited property with Suwon District Court 2018Ra2742 and received a judgment from the above court on January 18, 2019, and accordingly, Defendant C inherited the deceased’s property by 3/7 shares, Defendant E, and D, respectively.

Defendant C and E filed a report on the inheritance limited recognition with the Suwon Family Court No. 2019-Ma1647, and it was tried on October 2, 2019 to accept it from the above court.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, the inheritors of Defendant B and the deceased, are jointly and severally liable to pay the Plaintiff the instant judgment amount to the Plaintiff. The Plaintiff, as an explicit partial claim, claimed only KRW 300,00,000,00, and KRW 148,739,09, out of the interest accrued until October 28, 2008, only KRW 448,739,09 ( KRW 300,000,000) and KRW 300,000,000 among them.

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