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(영문) 서울중앙지방법원 2016.04.08 2015가단179833
양수금
Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

(a) Defendant A: 19,714,285 won;

B. Defendant B and C shall:

Reasons

1. Facts of recognition;

A. The bankruptcy trustee of a mutual savings and finance company against the bankrupt company filed a lawsuit against the non-party comprehensive construction company of this number and D as the Incheon District Court 2005Kadan33267, and the above court rendered a judgment on August 2, 2005 that "the defendants jointly and severally pay to the plaintiff KRW 457,300,996," and the above judgment was finalized on September 15, 2005.

B. The above A.

On June 30, 2009, the aviation bankruptcy trustee transferred the claim of this case to the Plaintiff, and at that time notified the transfer of the above claim to e.g. comprehensive construction company, the principal debtor, of this case.

C. As of June 30, 2009, the claim of this case remaining as of June 30, 2009 reaches KRW 452,627,669.

On the other hand, D died on March 15, 2014, and Defendant A, his spouse, was jointly inherited at the ratio of 3/7 shares, 2/7 shares, and 2/7 shares.

E. On May 13, 2014, the Defendants filed a report on the qualified acceptance of inheritance with the Incheon District Court 2014Ra1430, and the said court rendered a judgment accepting the said qualified acceptance report on May 22, 2014.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]

2. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff KRW 19,714,285 ( KRW 46,00,000 x 3/7), Defendant B and C respectively ( KRW 46,000 x 2/7) within the scope of property inherited from the network D.

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

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