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(영문) 인천지방법원 2015.05.27 2014가단242278
양수금
Text

1. Within the scope of the property inherited from the network E, Defendant A shall be 45,410,096 and 16,368 among them.

Reasons

1. Facts of recognition;

A. On October 14, 2009, the network E (hereinafter “the network”) obtained a loan of KRW 58,00,000 from Solomon Mutual Savings Bank. The amount of principal and interest calculated on August 7, 2014 as of August 7, 2014 is KRW 136,230,289 [the principal and interest amount shall be KRW 49,105,949 per annum 25% per annum 49,105,949].

B. Solomon Mutual Savings Bank transferred its claim against the Deceased to the Plaintiff on September 29, 201, and notified the Deceased on October 5, 2011.

C. On November 2, 2013, the Deceased died with Defendant B, C, and D, the wife of the Defendant A and his/her children, as his/her heir.

The Defendants reported the qualified acceptance of inheritance on February 13, 2014, and received the above acceptance judgment on February 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendants inherited the deceased according to their respective shares in inheritance and qualified acceptance. Accordingly, within the scope of the property inherited from the deceased, the defendants are liable to pay to the plaintiff 45,410,096 won (=136,230,289 won x 3/9, and less than won x 3/9, and less than won; hereinafter the same shall apply) and to the plaintiff 16,368,649 won (=49,105,949 x 3/9 x 3/9) as to the defendant 2, C, and D 30,273,397 won (=136,230,289 x 2/9 x 2/9) and to pay damages for delay at the rate of 10,912,43 won (=49,105,949 won x 2/9) from August 25, 2014.

3. In conclusion, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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