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(영문) 서울중앙지방법원 2016.12.15 2015가단94451
양수금
Text

1. The plaintiff

A. As to KRW 69,837,236 and KRW 15,300,00 among them:

B. Defendant A is Nonparty K.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence 1 to 5 (including paper numbers), Eul evidence 1, together with the purport of the entire pleadings.

On June 30, 199, the bankrupt Gyeongnam Mutual Savings and Finance Company (hereinafter referred to as the "Seoul Mutual Savings and Finance Company") designated and lent KRW 205,00,000 to M as interest rate of KRW 15.5% per annum, annual interest rate of KRW 22%, and due date of payment on June 30, 2002, and A jointly and severally guaranteed the above loan obligations of M.

B. On December 10, 1996, Gyeongnam National Treasury loaned 600 million won interest rate of 15.9% per annum, 22% per annum, and due date of payment on December 10, 2001 to M, and A, L, and K guaranteed the above loan obligations of M.

C. The Korea Deposit Insurance Corporation filed a lawsuit against M, A, L, and K in bankruptcy with the Changwon District Court for a loan claim amounting to KRW 204,560,00,000, and KRW 600,000,000, which was determined by the above court's judgment, "The defendant M, A, jointly and severally, to the plaintiff, KRW 794,560,000, and KRW 600,000,000 per annum from July 7, 1999 to each full payment, and the defendant L, K, and C jointly and severally with the defendant M, and the defendant M, for KRW 794,560,00,000 and KRW 622,00 per annum from July 7, 199 to the full payment date." The above judgment became final and conclusive on March 1, 205.

On May 30, 2005, the bankruptcy trustee of Gyeongnam National Treasury transferred the above loan claims to the plaintiff on May 30, 2005, and around that time notified the defendants of the assignment of claims.

E. On February 3, 2011, L died, and C, his wife N and child, renounced inheritance, and Defendant B, Defendant E, F, G, and H inherited L’s property at the ratio of 1/5, respectively, as subordinate heir C, Defendant J’s children.

F. Defendant B, E, F, G, and H have filed an appeal for a limited recognition inherited under the Changwon District Court Branch Branching 2015 Modan5477 in relation to the death of L, and the said appeal is against the said court on July 18, 2016.

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