logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.24 2016가단5071252
양수금
Text

1. The Defendants shall pay to the Plaintiff each of KRW 37,919,844 and KRW 10,066,266 among them, with full payment from March 24, 2016.

Reasons

1. Basic facts

A. C entered into a separate loan agreement with Samsung Capital Co., Ltd. on February 27, 2001 and received a loan on February 18, 2001. The above financial institutions transferred the above loan to the Plaintiff via the Korea Asset Management Corporation on May 13, 2005.

B. On June 9, 2006, the Plaintiff filed a lawsuit against C with the Daegu District Court 2006Kadan58773, which sought the payment of the above amount, and was sentenced to the judgment of June 9, 2006 that “the Defendant shall pay the Plaintiff 38,240,891 won and 20,132,532 won with interest of 17% per annum from April 1, 2005 to the date of full payment,” and the above judgment became final and conclusive as it is.

C. B as of March 23, 2016

The claim for the amount of the transfer money in subsection 20,132,532, interest or delay damages shall remain in the state where the sum of KRW 55,707,157 is not repaid.

C The Defendants died on March 30, 2009 and succeeded to the deceased.

On August 9, 2016, Defendant A was subject to a qualified acceptance trial on the inheritance following the deceased C’s death as the Daegu Family Court Decision 2016Ra1636.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 2 and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the Defendants, as the heir of the network C, paid damages for delay calculated at the rate of 17% per annum from March 24, 2016 to the day of full payment to the Plaintiff, the assignee of the loan claim against the network C (i.e., KRW 75,839,689 KRW 1/2, and fewer than KRW 1/2), and KRW 10,066,266 (i.e., KRW 20,132,532 KRW 1/2). Defendant A is obligated to pay damages for delay within the scope of the property inherited from the network C.

B. As to this, Defendant A’s assertion that it is impossible to comply with the Plaintiff’s claim, but as long as the inheritance liability is deemed to exist even in a case where the qualified acceptance of inheritance is recognized, the court shall hold the entire inheritance liability.

arrow