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(영문) 창원지방법원 2017.09.14 2017가합52484
양수금
Text

1. The Defendants are either KRW 334,292,046, respectively, within the scope of their respective property inherited from the network D (E) to the Plaintiff.

Reasons

1. Basic facts

A. On September 9, 2004, the Bank extended a loan to D on September 9, 2004, 12 months, the agreed interest rate calculated by adding 2.73% to the CD-based base interest rate, and overdue interest rate of KRW 680,00,000 to 15% per annum.

(hereinafter referred to as the “claim of this case”). B.

The instant loan claims were transferred to the Plaintiff on October 29, 2015 through the Korea PSI Savings Bank, Hyundai Switzerland Mutual Savings Bank, SBI Savings Bank, etc., and on February 11, 2016, SBI Savings Bank notified D of the assignment of claims, and the said notification was delivered to D around that time.

C. Meanwhile, upon the death of November 12, 2009, D succeeded to D, F and its children, who are D’s spouse. On February 1, 2010, F and the Defendants were adjudicated to accept the report of inheritance limited recognition as the Ulsan District Court 2010-Ma28 by having D as the decedent.

Since then, upon the death of F on July 7, 2010, the Defendants, F’ children, succeeded to F’s obligation to obtain property rights related to D, which was inherited by F, and Defendant C was tried on October 14, 2010 to Ulsan District Court 2010sdan894, Defendant A and B, as the Ulsan District Court 2012Ra185, on April 3, 2012, to accept a report on the inheritance approval of F as the inheritee’s predecessor.

E. Meanwhile, the principal and interest of the instant loan claims remaining as of March 19, 2017 are KRW 1,002,876,140 in total (i.e., the remaining principal and interest at KRW 361,754,494 (i.e., the remaining principal and interest at KRW 639,332,216).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, the Defendants: (i) KRW 334,292,046, respectively, belonging to their respective inheritance shares among the principal and interest of the instant loan claims within the scope of property inherited from the network D; (ii) and KRW 120,584,831, among them, KRW 120,584,831 = the remaining principal and interest of KRW 361,754,494 x 1.

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