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1. The defendant shall not exceed KRW 198,339,726 within the scope of the property inherited from the deceased B, and KRW 40,90,412 among them.
Reasons
1. Facts of recognition;
A. Dong-A Mutual Savings and Finance Company: B on Aug. 18, 1997, 105,000,000 won (the maturity date August 18, 2002); on Apr. 30, 199, 24,000,000 won (the maturity date April 30, 2004) on Apr. 30, 199; on Dec. 30, 1999, 105,000,000 won (the maturity date December 30, 2004); on Dec. 30, 199, 262,000,000 won (the maturity date April 30, 2004) on a yearly basis; and
(hereinafter “instant loan”). (b)
On November 11, 2000, the Gyeonggi Common Credit Bank Co., Ltd. (the trade name was changed to the Gyeonggi Savings Bank Co., Ltd. on March 19, 2002) acquired the bonds and obligations of Dong Mutual Savings and Finance Co., Ltd. upon a decision to transfer contracts by the Financial Supervisory Commission.
C. On June 11, 2004, the Gyeonggi Savings Bank Co., Ltd. filed a lawsuit against B on the loans claim No. 2004Kadan14505, and on June 11, 2004, the judgment of "the defendant (B) paid to the plaintiff (the Gyeonggi Savings Bank Co., Ltd.) the amount of money calculated at the rate of 19% per annum from March 30, 2002 to the date of full payment" and the above judgment became final and conclusive.
The plaintiff is a trustee in bankruptcy of the Gyeonggi Savings Bank Corporation, who was declared bankrupt on July 1, 2013.
E. The instant loan obligations calculated by the end of May 18, 2014 are KRW 40,90,412, and KRW 157,439,314, both of the leased principal and KRW 198,339,726.
F. Meanwhile, on May 7, 2013, B died on May 7, 2013, and there were six spouse C, children D, E, A, F, G, etc. as the inheritor B, but C, D, E, F, and G renounced inheritance (Korean District Court Decision 2013Ra1271), and A accepted inheritance.
(Korean Government District Court 2014Ra2446). 【Ground of Recognition】 The fact that there has been no dispute, the purport of Gap1, and the purport of the entire pleadings.
2. If the facts of the above recognition are different, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19% per annum from May 19, 2014 to the date of full payment with respect to KRW 198,339,726, and the leased principal of KRW 40,900,412, within the scope of the property inherited from the deceased B.
3. The plaintiff's claim for conclusion.