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(영문) 서울중앙지방법원 2016.11.17 2016가단5008612
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from January 27, 2000 to KRW 104,834,08 of this Act and KRW 282,277,921 of this Act.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence Nos. 1 to 7 and the purport of the entire pleadings, and there is no counter-proof.

On August 6, 1996, the Choung Bank Co., Ltd. (hereinafter “Nonindicted Bank”) lent KRW 300 million to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the due date for payment on August 6, 1999, and H jointly guaranteed the Defendant Co., Ltd’s obligation within the limit of KRW 390 million.

B. On November 4, 2005, the Korea Asset Management Corporation acquired the above claim from the non-party bank and filed a lawsuit against the defendant company and H to the Incheon District Court 2005Gahap578, and decided on November 4, 2005 that "the defendant company shall pay to the plaintiff 282,277,921 won and 104,834,08 won among them, 19.5% per annum from January 27, 2000 to October 6, 2005, and 20% per annum from the next day to the day of full payment, and the defendant H jointly and severally with the defendant company to pay 390,000,000 won out of the above money, respectively, and the above judgment became final and conclusive at that time.

C. On August 28, 2012, the Plaintiff acquired the above bonds from the Asset Management Corporation and notified the obligor of the transfer of the bonds upon delegation. D.

H Deceased on August 10, 2009, the Defendant C, D, F, E, and G, his wife’s children, inherited the H’s property at the ratio of 1/5 shares, respectively.

E. Defendant C, D, F, E, and G filed a request for a judgment on the limited acceptance of inheritance with the High Government District Court Decision 2012 Madan61 relating to H’s death. On October 23, 2012, Defendant C, D, F, E, and G received the said Defendants’ report on the qualified acceptance of the said Defendants.

2. Determination and acceptance of the Plaintiff’s claim

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