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(영문) 서울중앙지방법원 2017.10.23 2017가단5088790
양수금
Text

1. Within the scope of property inherited from the network C, Defendant A shall be KRW 30,000,000, and Defendant B shall be KRW 20,000,00.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Net C (Death February 21, 201, hereinafter “the deceased”)

) On April 23, 2007, a loan of KRW 200,000,000 from Han Bank Co., Ltd. (hereinafter “instant loan”).

(2) On November 24, 2011, the instant loan claim was transferred to the said limited company by virtue of a mutual agreement between the Han Bank Co., Ltd and Korea EF&A, and between the said bank and Korea AF&A Co., Ltd., and the Korea EF&A Co., Ltd., and Korea EF&A No. 24 securitization.

3) Our Ef&A’s 24th securitization specialized company is Suwon District Court D D’s auction procedure (hereinafter “instant auction procedure”).

(4) From February 24, 2012, a mortgagee was paid KRW 185,013,554 out of the amount of claims 288,102,543 as a mortgagee. On February 18, 2014, the said company notified the deceased of the transfer after transferring the balance of the instant loan claims to the Plaintiff.

On March 18, 2011, the report on the inheritance limited approval of the Defendants (U.S. District Court Decision 2011 Madan285) was accepted.

5) At the time of December 31, 2013, the principal and interest of the instant loan claims were KRW 201,579,942. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 1 through 8, and the purport of the whole pleadings.]

B. According to the above facts of determination, the Defendants are obligated to pay the money listed in Paragraph (1) of this Article to the Plaintiff, as they seek to be partially claimed by the Plaintiff.

2. The Defendants asserted that the five-year extinctive prescription of the instant loan claim has expired as to the instant loan claim under the Commercial Act, and thus, it appears that the instant auction procedure was in progress and the distribution was made on February 24, 2012. As such, the statute of limitations on the instant loan claim was interrupted by the application for the said auction procedure, and the said statute of limitations was resumed after the completion of the distribution.

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