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(영문) 서울중앙지방법원 2017.07.12 2016가합34491
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 592,710,633 and KRW 205,00,000 among them.

Reasons

1. Basic facts

A. On October 20, 198, the bankrupt Hansan General Finance Co., Ltd. entered into a bill trading agreement of 19 billion won with E Co., Ltd., and on the same day, Defendant A and the network D (Death on July 5, 1996) jointly and severally guaranteed the obligation to be borne by E Co., Ltd. under the said agreement.

B. On February 20, 2006, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against Defendant A and the network D’s limited inheritor, against the Seoul Central District Court Decision 2006Kadan81477.

On November 29, 2006, the above court rendered a ruling that "Korea Deposit Insurance Corporation, Defendant A shall pay the amount of KRW 2,123,720,94, and KRW 734,528,418, which shall be calculated at the rate of 17.5% per annum from January 1, 2002 to the date of full payment, and C shall jointly and severally with Defendant A pay the amount of KRW 2,123,720,94 and KRW 734,528,418, which shall be calculated at the rate of 17.5% per annum from January 1, 202 to the date of full payment (hereinafter "previous judgment"), and the above ruling became final and conclusive on December 27, 2006, respectively, with Defendant A and C, respectively, within the scope of property inherited from the network D.

B. C died on April 23, 2012

(hereinafter “the deceased”). The deceased’s heir had Defendant A, Defendant B, F, and G, who is his/her child, and Defendant A, F, and G were tried to waive inheritance on July 20, 2012 by Seoul Family Court Decision 201Du3766.

C. On September 14, 2012, the Korea Deposit Insurance Corporation transferred the instant judgment claim to the Plaintiff, and sent the notice of assignment to Defendant A by content-certified mail to Defendant A on October 23, 2012, and Defendant B on June 16, 2017.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the judgment deposit claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, 4, Eul evidence 1, and pleadings.

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