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(영문) 서울고등법원 2015.01.15 2014나2027683
대여금
Text

1. The part against Defendant B and C in the judgment of the first instance shall be revoked.

2. The plaintiff's claims against the defendant B and C are all filed.

Reasons

1. Basic facts

A. E obtained a variety of loans from the Seoul Bank (hereinafter “Seoul Bank”) from around 1995 to around 1998, and the J, E, as its own, jointly and severally guaranteed the debt of the loans on June 26, 1998.

B. On September 17, 1999, the Korea Asset Management Corporation acquired all of the above claims from the Seoul Bank against the joint and several guarantors of each of the above loans including E and J, and the notification of the assignment of claims sent by the Seoul Bank was served to E and the joint and several guarantors.

C. On May 17, 2001, J died with Defendant D, G, and I, the wife H and his child, as his heir.

(hereinafter referred to as “the Network J”). (d)

The Korea Asset Management Corporation filed a lawsuit against the inheritors, etc. of E and the networkJ with Jeonju District Court No. 2002Ga310, Nov. 15, 2002, “E shall pay the amount calculated by the rate of 30% per annum from Mar. 29, 2000 to the date of full payment; 154,274,103 won shall be paid at the rate of 19% per annum from Mar. 29, 200 to the date of full payment; and “Defendant D and G shall be jointly and severally with E, 270,657 won and each of them shall be 2,00,000 won from March 29, 200 to the date of full payment; and each of them shall be paid at the rate of 19% per annum from March 29, 200 to the date of full payment.”

(hereinafter “instant prior suit judgment”). E.

E A on November 25, 2010, died of her wife A, F, Defendant C, and B (hereinafter referred to as “the network E”), and there was a father H, son I, G, and Defendant D as a substitute heir.

On the other hand, on February 21, 201, F, G, and C, B reported the renunciation of inheritance to the Militarysan Branch of the Jeonju District Court on February 21, 201, and on March 22, 2011, F, G, and C were adjudicated to waive inheritance by the said court.

(Seoul District Court 201Mo104). (F) The Plaintiff was from the Korea Asset Management Corporation on August 28, 2012 against the deceased E and Defendant D, etc.

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