(영문) 서울중앙지방법원 2017.01.25 2016가단145073

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(영문) 서울중앙지방법원 2017.01.25 2016가단145073

양수금

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1. The Defendants: 10,953,780 won each within the scope of the property inherited from the deceased I and 4,800 among them.

Reasons

1. Determination as to the cause of claim

A. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the Defendants for the payment of loans.

(2) The Defendants, on the premise of the deceased I’s heir, sought payment of the amount equivalent to the shares of the Defendants’ inheritance from among loans lent by the original district court, the original district court, the original district court, the main district court, the main district court, the main district court, the main district court, and the main district court (hereinafter “former district court”).

B. After closing the pleadings on September 20, 2006, the above court rendered a decision on October 18, 2006 that "the defendant shall pay to the Korea Deposit Insurance Corporation 106,322,576 won each within the scope of the property inherited from the deceased I and 46,591,070 won a year of 22% per annum from November 27, 2004 to the date of full payment" and the above decision became final and conclusive around that time.

C. The Korea Deposit Insurance Corporation on August 17, 2010 (hereinafter referred to as the “Korea Deposit Insurance Corporation”).

The claim stated in the claim was transferred, and the assignment of claim was notified to the Defendants around that time.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including each number), the purport of the whole pleadings]

D. According to the above facts of recognition, the defendants are obligated to pay 10,953,780 won among the principal and interest of debt and 4,800,000 won among them to the plaintiff within the scope of the property inherited from the deceased I, as requested by the plaintiff, at the rate of 22% per annum from November 27, 2004 to the day of full payment.

2. Judgment on the defendants' assertion

A. Defendant D asserts that, as Defendant D is not the heir of the network I, the instant lawsuit should be dismissed or dismissed.

In the lawsuit of performance, the standing to be a party is a person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and whether there is the right to demand performance should be proved through the deliberation of the merits.

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