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(영문) 부산지방법원 2015.02.13 2014나43240
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3.Request in the trial.

Reasons

1. Facts of recognition;

A. D received each loan from a foreign exchange bank on March 7, 2001; ② from a national bank on September 5, 2002; ③ from Hyundai Capital on December 28, 2007; ④ July 11, 2008; the Plaintiff acquired each of the loans from the above financial institutions from June 11, 2010 to June 21, 2013; and each of the above financial institutions was notified of the assignment of claims from each transferor on October 1, 2013; and as of October 1, 2013, the Plaintiff’s total amount of claims acquired from the Plaintiff was 21,76,956 won (= principal,59,039, KRW 8,207, KRW 417) and annual overdue interest rate is 17%.

B. Meanwhile, D died on July 23, 2012, and D’s inheritor was Defendant A and C, the spouse, and the Defendants filed a report on the inheritance-limited approval on February 28, 2014, and filed a report on the qualified acceptance with the Busan Family Court on May 22, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including various numbers in the case of additional number), Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination, the defendants are obligated to pay the plaintiff 21,766,956 won in total ( = 13,559,039 won delay damages of the principal = 8,207,417 won in total) of the acquisition amount of the above bonds to the plaintiff within the extent of the property inherited from each network D, and to pay the defendant 9,328,695 won ( = 21,76,956 won x 3/7, less than KRW 3/7, but less than KRW 3/7; hereinafter the same shall apply) in total and the principal amount of KRW 5,81,016 ( = 13,59,039 x 3/7) ( = 6,219,766,956 won x 2/7), and to claim late payment damages from each of the principal amount calculated as 3,74,013 x 1300 won in total as of the base date.

3. Accordingly, the plaintiff's claim against the defendants is justified and all of them are accepted, and the plaintiff's claim reduction in the trial results.

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