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1. The defendant shall not exceed KRW 41,677,892 within the scope of the property inherited from the deceased B, and KRW 41,236,158 among them.
Reasons
1. Facts of recognition;
A. On July 22, 2000, Korea Exchange Bank (hereinafter “Korea Exchange Bank”) loaned KRW 100,000 to B, on August 17, 2006, KRW 223,000,000 as the subject of household ordinary loan (the maturity date August 15, 2014), and on June 26, 2009, KRW 25,000 as the subject of household ordinary loan (the maturity date August 15, 2014), and February 22, 2010 as the subject of company passbook loan (the maturity date July 16, 2014), respectively.
B. B died on March 2, 2014, and the Defendant, the inheritor of B, filed a report of inheritance limited recognition with the Incheon District Court Branch Branch Decision 2014Ra305, and the said report was accepted on May 7, 2014.
C. On December 30, 2014, the Plaintiff acquired each of the above principal and interest claims from the Korea Exchange Bank under the Asset-Backed Securitization Act from Korea Exchange Bank to B, and at that time notified the obligor of the assignment of claims in accordance with Article 7(1) of the Asset-Backed Securitization Act.
Meanwhile, the Plaintiff received dividends of KRW 250,000 from a voluntary auction procedure (In Incheon District Court Branch Branch Branch D) with regard to KRW 616,202,00,000 as of May 18, 2015, and appropriated it to repay the principal and interest of each of the above loans as of June 10, 2015. As of July 22, 2000, the remaining principal and interest of KRW 16,69,959 in total (i.e., principal and interest of KRW 16,52,960 in interest and KRW 176,99 in interest and KRW 175,99 in interest and KRW 16,173,780 in interest and interest (= principal and interest of KRW 16,50 in total, KRW 16,00 in interest and interest of KRW 175,780 in interest and KRW 205,750 in interest and interest of KRW 30,75086,286.7.2
Therefore, the total sum of the principal and interest of each of the above 41,67,892 won = 41,236,158 won = principal (=16,52,960 won) 3,807,770 won, 441,734 won (=176 won).