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(영문) 서울중앙지방법원 2015.10.30 2015가단5126841
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 249,504,046 and KRW 146,116,810 among them, from April 28, 2015.

Reasons

1. Facts of recognition;

A. The Samsung Fire and Marine Insurance Co., Ltd. filed a lawsuit against the Defendant Dae-ju Co., Ltd. for the claim for the takeover amount against the Defendant Dae-ju Co., Ltd., and on July 19, 2005, the Seoul Central District Court rendered a judgment of 25% per annum from November 3, 1998 to November 17, 1998; 21% per annum from November 18, 1998 to March 2, 1999; 19.5% per annum from March 3, 199 to January 11, 2001; and 19% per annum from January 199 to December 11, 2001.”

B. On October 29, 2013, Samsung Fire and Marine Insurance Co., Ltd. transferred the above claim to the Plaintiff, and notified it to the Defendant Samsung Fire & Marine Co., Ltd., the primary debtor.

C. As of April 27, 2015, the principal and interest of a loan based on the above judgment is KRW 249,504,046, including the principal and interest of KRW 146,116,810, interest of KRW 103,387,236.

D. D’s death on April 26, 2014, E, F, and B, the inheritor, succeeded to D’s sole succession according to the decision to waive inheritance (No. 221 of the Suwon District Court Decision 2014DD). However, the said Defendant was also subject to the decision to grant inheritance approval (No. 224 of the Suwon District Court Branch Branch Branch Branch Office 2015).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally pay to the plaintiff 249,504,046 won and 146,116,810 won among them at the rate of 18% per annum from April 28, 2015 to the date of full payment (which seems to be a clerical error of 19% per annum, but which shall be the same as the plaintiff's request). However, the defendant A is liable to pay damages within the scope of the property inherited from the network D.

3. All of the claims of the Plaintiff on the conclusion of the decision are accepted.

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