(영문) 서울중앙지방법원 2017.09.26 2017가단29802

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(영문) 서울중앙지방법원 2017.09.26 2017가단29802

양수금

Text

1. The Defendants are 5% per annum from April 4, 2006 to January 12, 2007, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On May 27, 2003 and July 1, 2003, the Korea Deposit Insurance Corporation filed a claim for damages against 66 persons, including the networkF, the heir of the network E, the Defendants, etc.

B. The judgment of the above case rendered on April 21, 2006 against the networkF and the Defendants, etc., and on January 12, 2007, “Defendant F shall pay 1,050,000 won, each of the 700,000,000 won for Defendant A, B, C, and D, and 20% interest per annum from April 4, 2006 to January 12, 2007, and 5% interest per annum from January 12, 2007, and 20% interest per annum from the next day to the day of full payment.” The judgment of the part against the networkF and the Defendants became final and conclusive around that time.

C. The deceased E died on November 28, 2001, and the deceased F was the deceased’s spouse, the Defendants were the deceased’s children, and the deceased F died on December 15, 2007.

The facts of the cause of the claim in the above judgment are as follows: E is responsible for compensation for damages arising from an improper loan exceeding the credit limit to the same person by negligence while serving as an auditor of the G Credit Union from March 10, 1993 to November 10, 1998; and the networkF and the Defendants, as the deceased E’s property heir, shall fulfill their liability of compensation in accordance with inheritance shares.

E. Meanwhile, on January 12, 2002, the deceased F and the Defendants received a decision that “the petitioners shall accept the report to waive the inheritance of the deceased deceased E’s property on December 26, 2001,” in the case of renunciation of inheritance by the Daegu District Court of Law No. 2001-Ma152.”

F. On October 7, 2011, the Plaintiff acquired the claim for the foregoing judgment amount, and around October 10, 201, notified the Defendants of the assignment of claims around that time.

[Ground of recognition] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): Evidence Nos. 1, 2, Eul No. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff and the Defendants’ assertion.

참조조문

-민사소송법 제208조 제3항 제3호

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