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(영문) 서울중앙지방법원 2015.04.16 2014가단5054345
양수금
Text

1. The defendant shall not exceed KRW 23,400,00 within the scope of the property inherited from the deceased B, and KRW 16,946,685 among them.

Reasons

1. Basic facts

A. Under the joint and several sureties’s joint and several sureties, the Korean National Bank loaned KRW 8,981,400 on March 30, 200 to C, with the maturity of KRW 11,70,000 on March 30, 200 (hereinafter “first loan”); ② the maturity of KRW 8,464,771 on April 28, 200 and KRW 11,70,00 on the joint and several sureties’s ceiling; and

(hereinafter “Second Loan”). A loan of 1,481,914 Won 6,391,544 Won 8,464,771 Won 6,480,254 Won 16,94,946,685 Won 12,871,798 Won 29,81,818,483 Won 14,588,483 Won 16,945 Won 14,945,685 Won 12,871,798 Won 29,818,483

B. The remaining principal and interest of each of the above loans as at February 6, 2014 are as follows:

C. On July 5, 2013, a national bank transferred a loan claim Nos. 1 and 2 to the Plaintiff, and on August 12, 2014, the Plaintiff notified C of the transfer on behalf of the national bank.

On the other hand, B died on August 10, 2009; B, among inheritors, the Defendant was tried to approve the inheritance limit; and the rest of inheritors were tried to waive inheritance.

Seoul Family Court (Seoul Family Court Decision 2009Ra8683, 2009 local court 2009 local court 8349). 【In the absence of any dispute, the entries in Gap's 1, 2, 3, 5, 8, Eul's 1 and 2, and the purport of the whole pleadings.

2. Determination:

A. According to the above facts, the Defendant, a joint and several surety B’s inheritor, is obligated to pay the Plaintiff, who acquired each of the loans set forth in subparagraphs 1 and 2, a total of KRW 23,400,00 in total and the total of KRW 16,946,685 in total, and damages for delay after February 7, 2014.

B. As to this, the Defendant’s defense against the extinction of prescription is one of the grounds for appeal. However, the Defendant’s defense is without merit, since the Plaintiff filed the instant lawsuit before the lapse of five years from the maturity date of each loan Nos. 1 and 2.

3. The plaintiff's claim is justified.

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