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(영문) 서울중앙지방법원 2018.01.09 2016가단5193855
양수금
Text

1. Within the scope of the property inherited to the network K, the Plaintiff is jointly and severally liable with L, and the Defendant A is jointly and severally liable to 5,60,000 won.

Reasons

1. Basic facts

A. L entered into a loan transaction agreement with the Daejeon Mutual Savings and Finance Company and received the loan, under the limited collateral guarantee of K, KRW 100 million on June 30, 1994, KRW 50 million on June 30, 1994, KRW 375 million on July 10, 197.

The bankruptcy trustee of the Daejeon Mutual Savings and Finance Company filed a claim for loans against L and K with Daejeon District Court 2002da48839, Daejeon District Court 2002Gada48839, and the plaintiff who received the claim (the former mutual name before the change) succeeded to the claim.

B. The payment order of the judgment rendered on July 23, 2003 in the above case is that "the defendant L shall pay to the plaintiff succeeding intervenor the amount equivalent to 25% per annum from September 26, 2001 to the full payment order of 581,107,414 won and 138,453,69 won among them, and the defendant K shall pay 40,000,000 won out of the above amount jointly and severally with the defendant L."

C. On October 31, 2015, K died. In the Daejeon Family Court’s 2016-Ma217-Mano-Ma217, and in the Daejeon Family Court’s approval of waiver of inheritance and succession, the report on qualified acceptance as of February 15, 2016 filed by the petitioner B and A in the inheritance of the decedent’s property by the decedent’s deceased, shall be accepted. The judgment that “The applicant G, H, I, and J accepted the report as of February 15, 2016, which renounced the decedent’s inheritance of the decedent’s property by the decedent’s deceased, as of April 27, 2016.”

In the Daejeon Family Court case of renunciation of Inheritance 2016-Ma145, the judgment that “A petitioner C, D, E, and F waives the inheritance of the decedent’s property to K on February 1, 2016 shall be accepted” was made on March 21, 2016.

E. Defendant A’s spouse (the shares of inheritance 3/15), Defendant B, C, D, E, and F are the deceased’s children (each inheritance share 2/15), Defendant G is the deceased’s spouse, Defendant H, I, and J are the deceased’s children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment of the Defendants are based on each of the above reports on qualified acceptance and reports on the renunciation of inheritance.

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