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(영문) 서울중앙지방법원 2016.12.21 2016가단5133785
양수금
Text

1. The scope of the property inherited from the network E by Defendant A, Appointed C, D, and Defendant (Appointed Party) to the Plaintiff.

Reasons

1. Facts of recognition;

A. The network E (hereinafter “the network”) received loans respectively from the Measures Resources Mutual Aid and Finance Company (hereinafter “Measures Resources Mutual Aid and Finance Company”) for KRW 300 million on May 31, 1997 and KRW 200 million on June 30, 1997.

(hereinafter referred to as “the instant loans”). B.

On September 30, 2002 and July 9, 2004, the Liquidation Corporation notified the Deceased of the transfer of the claim for the instant loan. On May 2, 2006, the Daejeon District Court of Sejong Special Self-Governing City filed an application for payment order with the Daejeon District Court of Special Self-Governing City on May 2, 2006, and on May 9, 2006, the above court issued an order to pay "The Deceased shall pay to the Liquidation Corporation the amount of KRW 1,271,082,048 and the amount of KRW 464,309,179 with the rate of 18% per annum from April 20, 2006 to the date of full payment." The original copy of the decision was served on the Deceased on June 2, 2006 and confirmed as the final and conclusive date on June 17, 2006.

(hereinafter “instant payment order”). C.

on April 30, 2007, the Korea Finance Corporation transferred claims for the instant loans to the Korea Finance Corporation, and the Korea Finance Corporation transferred claims for the instant loans to the Solomon Mutual Savings Bank on December 11, 2009, and on January 6, 2011, the Korea Finance Corporation and the Korea Finance Corporation notified E of the transfer of claims for the instant loans.

(Notification of Assignment was served as E’s registered domicile at the time of transfer. Meanwhile, Solomon Mutual Savings Bank acquired the instant claim and received an execution clause to succeed to the instant payment order, and a certified copy of the succeeding execution clause was served on the deceased on February 8, 2011.

The Deceased died on October 30, 2013, and his/her children were Defendant A, Defendant B (Appointed Party), Appointed C, and D (hereinafter collectively referred to as “Defendants”), and both Defendants filed a report on the inheritance limited recognition with the Daejeon Family Court 2015-Ma1127 and received the said report on August 10, 2015.

[Ground of recognition] Gap evidence Nos. 1, 4, 5, 6, 7, and Eul evidence Nos. 1 and the purport of the whole pleadings.

2. Determination.

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