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(영문) 광주지방법원 2017.08.18 2016가합60213
부당이득금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The plaintiff's primary claim and ancillary claim against the defendant B.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff is a corporation established for the purpose of purchase of non-performing loans, management of assets with purchased bonds, collection, etc.

(2) Defendant A is a married wife of Defendant A who died on April 27, 2013 (hereinafter “the deceased”), and Defendant B and Nonparty D are children born before the deceased and the deceased.

(3) In relation to the deceased’s child F, G, and H (hereinafter “F”) between the former wife E, Defendant A, F, G, and H (hereinafter “heirs”) are co-inheritorss of the deceased.

B. On May 16, 2012, the Deceased’s loan obligations and the Plaintiff’s claim acquisition (1) borrowed KRW 200,000,000 from the Industrial Bank of Korea as a loan for small and medium enterprise funds, and the Industrial Bank of Korea transferred, on November 27, 2012, its claim against the Deceased, rather than a page, to the Insulent Sullle Sullle, as the deceased delayed the payment of principal and interest.

(2) On December 21, 2012, 201, the Kentent Kentent Kentent Kentan transferred the status under the above transfer agreement to the United Nations Esscopty securitization specialized company with the consent of the Industrial Bank of Korea.

On November 6, 2015, 2015, the United Nations Es.S. Limited Company specialized in Es.S. Asset-backed securitization transferred the above claim to the Plaintiff (the base date of the claim was September 1, 2015). The Plaintiff notified the heir of the assignment of the claim.

(3) As of March 15, 2016, the Plaintiff’s credit that the Plaintiff acquired as above (hereinafter “the instant credit”). As of March 15, 2016, the total sum of KRW 149,743,674, the acquired interest amount of KRW 928,380, the acquired interest amount of KRW 9,483,77, the subsequent interest amount of KRW 170,15,831.

C. (1) On July 24, 2013, Defendant A filed an application for the adjudication of limited acceptance of inheritance with respect to the deceased on the grounds that Defendant A’s qualified acceptance, disposal of inherited property, etc. (1) obtained the decision of acceptance on September 2, 2013 by filing an application for the adjudication of limited acceptance of inheritance with the Gwangju Family Court’s 2013-Madan181, and F et al. received the decision of acceptance of inheritance with the Gwangju Family Court’s Maritime Family Court’s 2013-Ma164 on August 2,

(2) From April 27, 2013 when the deceased died, the account of the deceased was opened on May 31, 2013.

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