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(영문) 서울중앙지방법원 2020.05.19 2020가단5001359
양수금
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 10, 2009, the judgment of the previous suit in the instant case was finalized, etc., and the trade name of the Plaintiff (A) was changed from “stock company I” to “A”.

hereinafter referred to as “Plaintiff,” regardless of whether it is before or after the change;

G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)

The Daejeon District Court 2003GaGa51085 filed a lawsuit against the Plaintiff, and on February 3, 2004, the said court rendered that “The company and H shall jointly and severally pay to the Plaintiff 705,93,150 won and 350,000,000 won with the interest of 30% per annum from November 12, 2002 to the date of full payment” (hereinafter “the judgment of the previous suit of this case”), and that “the claim under the judgment of the previous suit of this case” shall be “the claim of this case.”

(2) On May 22, 2009, the Plaintiff was sentenced to the order of seizure and collection (hereinafter “the instant order of seizure and collection”) on May 20, 209. The judgment became final and conclusive around that time. (2) On May 18, 2009, the Plaintiff filed an application for the order of seizure and collection (hereinafter “the deceased”) with the Daejeon District Court Branch Branch of the Daejeon District Court for the deposit claims against the non-party company J, and the deposit claims against the deceased against the K Association, as the Daejeon Branch of the Daejeon District Court. On May 20, 2009, the Plaintiff received the order of seizure and collection (hereinafter “the deceased”). On May 22, 2009, the instant order of seizure and collection was served on the K Association, which is the garnishee, and on May 25, 2009, to the JJ, which is the garnishee Co., Ltd. (hereinafter “the deceased”).

(1) On November 11, 2014, the deceased died, and the deceased’s heir L, C, D, and E, the spouse of the deceased, was the Defendant B and his/her spouse, and Defendant C, D, and E. (2) Defendant B, D, and E filed a report on the renunciation of the inherited property under the Head of Suwon District Court’s Ansan Branch Branch of 2014 D and 1591, and received the said report from the said court on January 20, 2015. Accordingly, the Defendant C solely inherited the deceased’s property.

3 Defendant C filed a report on the recognition of qualification for inheritance with the Suwon District Court Branch 2015Radan47, and accepted it from the said court on February 6, 2015.

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