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(영문) 부산지방법원동부지원 2020.09.09 2020가단201295
양수금
Text

1. To the extent of the property inherited from the net F to the Plaintiff:

A. Defendant A is 24,502,799 won and 8,639 among them.

Reasons

Facts of recognition

G Union conducted a general loan to the networkF as stated in the Disposition No. 1 (hereinafter “the network”). However, the above claim for the repayment of principal and interest of loan was transferred in sequence to H Co., Ltd. and to the Plaintiff on January 2018, and the Plaintiff was given lawful notice of the transfer of credit to the deceased regarding the said transfer of credit.

(hereinafter “instant obligation”). The instant obligation amount is the total amount of KRW 89,843,597 as of September 4, 2019 (i.e., the principal amount of KRW 31,676,643, the interest of KRW 58,166,954).

The deceased died on April 19, 2017, and the deceased’s inheritors are Defendant B, C, D, and E, the spouse of the deceased.

On July 4, 2017, the Defendants filed an application with the Gwangju Family Court for the approval of the inheritance limited partnership (Seoul Family Court 2017 shotju 1174), and the said court accepted the application on August 29, 2017.

[Based on the facts without dispute, Gap evidence Nos. 1 through 8, the purport of the arguments as a whole, and the above findings, barring any special circumstance, the defendants shall be liable to the plaintiff within the scope of the inherited property from the deceased, and the defendant Gap shall be liable to the plaintiff for delay damages calculated at the rate of 12% per annum within the scope of the inherited property from the deceased, and 24,502,79 won (i.e., KRW 89,843,597 KRW 3/11, but less than KRW 3/11, the same shall apply hereinafter) out of the debt amount of this case and the loan balance ( principal) equivalent to 3/9 of the above defendant's inheritance shares (= KRW 31,676,643 x 3/11) x 310% per annum within the scope of damages for delay damages calculated at the rate of 12% per annum from September 5, 2019 to the day of full repayment x 13198/196.3

If so, the plaintiff.

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