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(영문) 서울중앙지방법원 2017.07.13 2015가단6997
양수금
Text

1. The Plaintiff jointly and severally with H, Defendant C, E, and G are within the scope of property inherited from the network A.

Reasons

1. Indication of claim;

A. On May 19, 199, the Dongdong Credit Depository Co., Ltd. (hereinafter “Seodong Credit Depository”) concluded a monetary loan agreement with A on May 19, 199 with a loan of KRW 2.45 billion, repayment date of KRW 16.5 billion, annual interest rate of May 19, 2001, annual interest rate of KRW 16.5%, annual interest rate of delay damages rate of KRW 25%, and thereafter lent the said money to A. The H guaranteed the said debt on the same day.

B. After the bankruptcy of the non-party treasury, the non-party trust administrator of the non-party trust was ordered to pay 2,125,464,338 won to the non-party trust administrator of the non-party trust and 848,372,386 won a year of 25% from July 19, 199 to the day of full payment. The above payment order was finalized between the non-party trust and the non-party trust administrator of the non-party trust. The non-party trust administrator of the non-party trust was transferred to litigation proceedings with the court of 2004Da380644, Jun. 28, 2005, "H et al. paid 2,125,464,38 won to the non-party trust administrator of the non-party trust and 842,386 won a year from July 19, 199 to the day of full payment."

C. On May 22, 2007, the trustee in bankruptcy of the non-party credit cooperative transferred the above loan claims to the plaintiff, and on July 19, 2007, notified A and H of the above transfer.

A died on February 13, 2015, while the instant lawsuit was pending, on which February 13, 2015, and the Defendant C, E, F, and G jointly succeeded to the Defendant D, E, F, and G’s wife, who is the heir, Defendant C, and his children, the heir, and G. However, the Defendant C, E, and G reported the qualified acceptance as the Seoul Family Court 2016-Ma8061, and received the adjudication accepting it on January 12, 2017.

E. Accordingly, the Plaintiff shall pay for interest in arrears of KRW 1,277,091,952, and for delay of KRW 82,00,000, which is part of the balance of the principal of the loan, and for delay of the said amount: Provided, That for Defendant C, E, and G, the property inherited from the deceased A.

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