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(영문) 서울중앙지방법원 2019.11.06 2019나7753
양수금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On October 12, 1995, with respect to loans of KRW 5,000,000 under the credit card use agreement for the deceased non-party E Bank, the above bank transferred the credit to the non-party Korea Asset Management Corporation on December 28, 200, and notified the transfer on July 5, 2001.

B. On March 6, 2007, the Korea Asset Management Corporation filed a lawsuit against D against D seeking payment of the sum of the principal and interest of each of the above claims (16,512,008 won and interest of KRW 18,924,062) from the Seoul Central District Court 2006da2241590 to December 31, 2005. The above judgment was affirmed in favor of the court that "the defendant shall pay to the plaintiff 35,436,070 won and interest of KRW 16,512,000 with interest of KRW 18% per annum from January 1, 2006 to the day of full payment." The above judgment became final and conclusive at that time.

(hereinafter referred to as the “instant claim”). C.

On August 28, 2012, the Korea Asset Management Corporation delegated the right to notify transfer while transferring the instant bonds to the Plaintiff, and on September 28, 2012, the Plaintiff sent the notice of transfer to F2 floor of Seodaemun-gu Seoul, Seodaemun-gu by content-proof mail.

D died on October 6, 2010, and the Defendants and the co-defendant G succeeded to the rights and obligations of D as the inheritance ratio of each of the first instance trial 1/3.

E. On August 6, 2015, Defendant C was handed down with the Seoul Family Court 2015Hun-Ma642, and was tried to accept a report on recognition of succession.

[Ground for Recognition: Descriptions of Evidence A Nos. 1 through 4]

2. As to the legitimacy of the Defendants’ appeal, the Plaintiff asserts to the purport that the Defendants’ appeal is unlawful, since the period of appeal exceeds the period of appeal.

With respect to the process of the instant lawsuit, the Plaintiff filed the instant lawsuit on May 1, 2017, and served the Defendant B with a copy of the instant complaint and a written application for modification of the grounds for the claim in relation to Defendant C on November 10, 2017, and January 25, 2018. The Defendants filed the instant lawsuit.

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