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Reasons
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(영문) 부산지방법원동부지원 2019.06.12 2018가단218030
양수금
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1. The defendant shall not exceed KRW 25,718,965 within the scope of the property inherited from the deceased B, and KRW 24,320,620 among them.

Reasons

1. Facts of recognition;

A. On April 25, 1997, the Korea Credit Guarantee Fund made a credit guarantee agreement with the deceased B (hereinafter “the deceased”), and filed a lawsuit against the deceased et al. on the claim for indemnity amount under the Seoul District Court Seo-Support 98Kadan30509, which decided on October 21, 1998, that “the deceased shall pay to the Plaintiff the amount equivalent to 25% per annum from May 26, 1998 to the date of full payment” and the above judgment became final and conclusive around that time.

B. As the Deceased died on or around March 3, 2006, the Credit Guarantee Fund was a subsequent suit for the interruption of extinctive prescription of the claim established by the above judgment (hereinafter “the claim of this case”). On November 28, 2008, the Seoul Central District Court filed a lawsuit against the Defendant, who is the heir of the Deceased, and was sentenced to a judgment as follows (hereinafter “the judgment prior suit of this case”) from the above court on November 28, 2008. The above judgment became final and conclusive around that time.

The defendant shall pay to the plaintiff 25,718,965 won and 24,320,620 won among them, 25% per annum from May 26, 1998 to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to May 31, 2005; 15% per annum from the next day to November 20, 208; and 20% per annum from the next day to the day of full payment.

C. On November 29, 2013, the Credit Guarantee Fund transferred the instant claim to the Plaintiff.

On August 23, 2018, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

E. Meanwhile, the Defendant served a duplicate of the instant complaint on November 14, 2018, and filed a report on the inheritance recognition with the deceased under the Incheon Family Court Decision 2018 Madan11058, Nov. 26, 2018, and received the said report from the said court on December 26, 2018.

【Ground of recognition】 Evidence Nos. 1, 2 and 3

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