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(영문) 서울중앙지방법원 2015.06.12 2015가합4646
양수금
Text

1. The plaintiff is jointly and severally with D,

A. Defendant C shall be KRW 100,000,000 within the scope of the property inherited from the network B.

Reasons

The summary of the case is that the plaintiff who received the credit against D is seeking some of the outstanding principal and interest of the loan against the defendant A and the deceased's heir C, a joint and several surety.

Facts of recognition

On May 3, 1995, a joint and several surety for the loan amount of 1 installment savings related loans of KRW 400 million on May 3, 1995, the loans of KRW 300 million on December 27, 1997, the commercial bills of KRW 1.3 billion on the deceased 4 billion on January 10, 1996, and KRW 1.3 billion on February 38, 1997, the Korea Mutual Savings Bank Co., Ltd. of KRW 1.3 billion on the deceased 4 billion on February 28, 1997, extended a total of KRW 1.3 billion on the joint and several surety of Defendant A and the deceased, and transferred the above loans to the Korea Asset Management Corporation on November 30, 200.

On March 31, 2005, the Korea Asset Management Corporation filed a lawsuit against D and Defendant A and the deceased seeking the payment of the acquisition amount, and on March 31, 2005, the sum of KRW 610,169 from October 30, 2004 to March 22, 2005; KRW 22% per annum from the next day to March 22, 2005; KRW 1,68,95,709 from the above sum of KRW 60,000 to the date of full payment; KRW 1,828,427,110 from the next day to the date of full payment; KRW 1,68,95,70 from the above sum of KRW 1,60,00 from October 30 to March 22, 2005; and KRW 20,000 from the next day to the date of full payment; and KRW 2081,2484 from the following day to the date of full payment.

(Seoul Central District Court 2004Gahap92043). On September 18, 2012, the Plaintiff received the above loan claims from the Korea Asset Management Corporation, and at that time notified the transfer of the above claims on behalf of the Korea Asset Management Corporation.

The deceased died on September 10, 2013, and the deceased’s heir is wife E, Defendant C, and F.

On February 4, 2014, E and F received a decision to waive inheritance (Seoul Family Court 2013 Ma10253), and Defendant C received a decision to approve inheritance succession (Seoul Family Court 2013 Madan10252).

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