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(영문) 서울중앙지방법원 2017.11.08 2017가합531845
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the bankruptcy trustee B and the Korea Deposit Insurance Corporation (hereinafter referred to as the “Bankruptcy Trustee of the New World Financial Corporation”)

2) The bankruptcy trustee of the Bank of Korea (hereinafter referred to as the “trustee of the Bank of Korea”) shall be

C) From June 2014, death (hereinafter referred to as “the deceased”)

(2) The Defendant is the wife of D, the deceased.

3) The deceased’s heir, who is the spouse, had F, G, H, and I, who is the spouse of E and children, and E and H renounced renounced inheritance on or around February 13, 2015, the F, G, and I left the deceased’s heir (hereinafter “heirs”).

(B) Inheritance shares are 1/3, respectively. (B) The Plaintiff’s claims against the Deceased (1) A) the bankruptcy trustee of the new global comprehensive financial institution for the bankrupt is the trustee in bankruptcy of the new global financial institution for the bankrupt on January 18, 2002. (hereinafter “J”)

(2) On October 8, 2002, the court below filed a lawsuit against the deceased et al. against the deceased et al. (J and the deceased et al.). The court rendered a judgment that "The court shall jointly and severally pay to the trustee in bankruptcy of the new global comprehensive finance the amount of KRW 6,642,738,914 and the amount of KRW 4,423,067,687 calculated by the rate of 24% per annum from January 13, 2000 to the date of full payment." The above judgment became final and conclusive around that time (hereinafter referred to as "the amount of the judgment in this case").

(B) The Plaintiff received the instant claim from the trustee in bankruptcy of the new World Financial Services, and on April 7, 2015, as a successor to the trustee in bankruptcy of the new World Financial Services, granted the succeeding execution clause regarding the instant judgment in order to enforce compulsory execution against the Plaintiffs.

C) On June 9, 2014, the principal amount of the loan as of June 2014, as of the instant judgment amount is KRW 2,352,850,601, and interest amount is KRW 11,914,684,247, and KRW 11,914,684,247. (2) The trustee in bankruptcy of a bilateral-use comprehensive financial loan.

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