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(영문) 서울중앙지방법원 2016.09.30 2016나38466
양수금
Text

1. At the request of change in the trial, the defendant is within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On January 23, 2002, the old Credit Union (hereinafter “former Credit Union”) set the rate of 10% per annum, interest rate of 14 million won per annum, 18% per annum, due date for payment on January 23, 2004 (hereinafter “instant loan”), and B jointly and severally guaranteed the instant loan obligations against the old Credit Union.

B. On June 21, 2013, the European Union transferred the instant loan claims to the Plaintiff, and notified C of the assignment of claims at that time.

C. As of April 9, 2015, the sum of the principal and interest of the instant loan claims as of KRW 13,950,969 (i.e., principal amount of KRW 8,93,490). Meanwhile, the interest rate for delay applied by the Plaintiff pursuant to Article 11 of the Regulations on the Management of Credit Entrusted by the Credit Counseling and Recovery Fund is 17% per annum within the scope of the agreed interest rate for the purchase claim.

On the other hand, B died on November 15, 2010, and C succeeded to the net B's obligations at the rate of 1/2 shares of each of the defendant, a child, and the co-defendant D in the first instance trial.

E. On December 3, 2010, the Defendant filed a petition for a trial on the limited acceptance of inheritance with Jeju District Court 2010Mo732, and was adjudicated on December 20, 2010 to accept the qualified acceptance.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 6,975,484 won (i.e., KRW 13,950,969 x 1/2) and 4,466,745 won (= KRW 8,93,490 x 1/2) within the scope of the property inherited from the network B from April 9, 2015 to the day of full payment.

3. Accordingly, the plaintiff's claim that was changed in the trial to claim payment of the above money against the defendant within the scope of inheritance limited approval is justified, and the judgment of the court of first instance shall be modified upon the claim that was changed in the trial.

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