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(영문) 서울중앙지방법원 2015.03.12 2014가합573374
양수금
Text

1. The Plaintiff within the scope of the property inherited from the network E:

A. Defendant A:245,194,445 won and among them96,98.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of loan claims against E 1) Specialized Co-backed Securitization Company (hereinafter “Special Purpose Company”)

(2) On January 19, 2005, the Seoul Central District Court rendered a judgment that “E and F shall jointly and severally pay to the KC Purpose Company an amount equivalent to 21% per annum from June 12, 2002 to the date of full payment.” 2) on December 28, 2006, the K CC Purpose Company transferred its lending Claim (hereinafter “instant lending Claim”) to the Plaintiff on December 28, 2006, and notified E of the assignment of the above assignment of claim on October 1, 2007.

B. E’s death and Defendants’ qualified acceptance 1) On December 2, 2008, E succeeded to the property of Defendant A, C, and D, the wife, Defendant B, and Defendant B, C, and D, the wife. (2) On February 4, 2013, Defendant A, C, and D filed a qualified acceptance report on E’s inherited property under the Incheon District Court Decision 2013Ra376, the said report was accepted on February 14, 2013.

3) On December 16, 2014, Defendant B filed a qualified acceptance report on E’s inherited property by Incheon District Court 2014-Ma3687, and the said report was accepted on January 22, 2015. (c) As of September 28, 2014, the Plaintiff’s credit amount is KRW 735,583,336, total sum of the principal and interest of the instant loan claims as of September 28, 2014, and the principal of the loan is KRW 290,966,105. [Grounds for recognition] There is no dispute over the grounds for recognition], evidence Nos. 1 through 3, and evidence Nos. 1 through 3, and the purport of the entire pleadings and the purport of the entire pleadings.

2. As the Defendants, B, C, and 45 won (i.e., KRW 735,583,336 x less than KRW 3/9, but less than KRW 3/701 x 3/9) and among them, KRW 96,988,701 (i.e., KRW 290,96,105 x 3/9) within the scope of the inherited property inherited from E, since the Defendants, the inheritor, inherited the E’s obligation according to the inheritance shares, and the qualified acceptance was made on the E’s inherited property.

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