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(영문) 부산지방법원동부지원 2020.08.13 2019가단207662
양수금
Text

1. The Defendants are jointly and severally and severally with F within the scope of the property inherited from the network E, and each of them is KRW 47,694,381.

Reasons

1. Basic facts

A. On March 24, 2009, the Credit Guarantee Fund filed a claim for reimbursement against F and the deceased E by the Seoul Central District Court Decision 2008Da432420, the above court rendered a judgment that “E shall jointly and severally with F and severally pay to the Credit Guarantee Fund the amount of KRW 54,562,732 as well as KRW 51,754,220 as 25% per annum from May 6, 1998 to March 7, 2009, and the amount of KRW 20% per annum from the following day to the date of full payment,” and the above judgment became final and conclusive.

B. On November 29, 2013, the Credit Guarantee Fund shall be the Plaintiff.

On December 20, 2013, a claim based on the judgment stated in the subsection (hereinafter referred to as “instant claim”) was transferred, and notified F of such transfer to F, the primary debtor.

C. The deceased E died on December 8, 2008, and the Defendants, as children of the deceased, filed a report of inheritance limited recognition regarding the inheritance of the deceased’s property. D.

As of January 29, 2019, the principal and interest of the instant claim amounting to KRW 196,502,422, including the principal and interest of KRW 39,474,414, interest of KRW 157,028,00,00, and the network E’s share is KRW 190,777,525, including the principal and interest of KRW 38,278,805.

E. On February 1, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

[Grounds for recognition] Each entry of Gap evidence 1-5 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants, the heir of the network E, are jointly and severally liable to pay to the Plaintiff 47,694,381 won (i.e., KRW 190,77,525 x less than KRW 1/4, and less than KRW 1/709,701 (= KRW 38,278,805) within the scope of the property inherited from each network E within the scope of the property inherited from each network, and 9,509,701 won among them (= KRW 38,278,805).

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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