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(영문) 서울중앙지방법원 2015.09.25 2015나34177
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are the property inherited from the network E to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 15, 1993, E purchased a credit card from the non-party bank (hereinafter “non-party bank”) as a member of the non-party bank and obtained and used the credit card from the non-party bank.

B. On December 30, 199, the non-party bank transferred the credit card use price claim to the Reorganization Bank Co., Ltd., and notified E on the same day. On December 28, 2000, the Reorganization Bank transferred the above credit card to the Korea Asset Management Corporation and notified E on the same day. On September 18, 2012, the Korea Asset Management Corporation transferred the above credit card to the plaintiff (the company Ttis Loan Co., Ltd. at the time) and notified E of the transfer on October 31, 2012.

C. As of February 17, 2014, E’s principal and interest on the use of the said credit card is KRW 3,297,925 in total (= Principal KRW 911,768 in interest 2,386,157).

On the other hand, E died on August 31, 2012, and the Defendants, their children, inherited the network E at the ratio of 1/3.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of recognition as to the cause of claim, barring special circumstances, the Defendants are obligated to pay to the Plaintiff delay damages for the amount of KRW 1,09,308 calculated by dividing the amount of use of the credit card in question by the ratio of the portion of inheritance (i.e., KRW 3,297,925 x less than KRW 1/3 of the portion of inheritance x less than KRW 1/3 of the portion of inheritance x less than KRW 303,922 of the principal among them (i.e., KRW 91,7

3. The Defendants’ defense defenses to the effect that the Defendants did not have an obligation to repay the instant claim since they were qualified acceptance of inheritance due to the death of the deceased. As such, the Defendants filed a report on the inheritance approval with the Seoul Family Court 2014Ra9439 after the death of the deceased and received the said report from the said court on January 14, 2015, since there was no dispute between the parties. Thus, the validity of the inheritance approval is valid.

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