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(영문) 서울중앙지방법원 2016.10.27 2016가단5082146
양수금
Text

1. The plaintiff

A. As to Defendant A’s KRW 42,207,224 and KRW 19,394,505 among them:

B. Defendant D and C are from the network E.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 to 9 (including paper numbers), together with the purport of the entire pleadings:

F was loaned by the East Sea Fisheries Cooperatives (hereinafter referred to as the “Non-Party Bank”) on September 1, 1997 at the due date of repayment of KRW 14% per annum, 20% per annum, 197 damages for delay (Article 1 loans), and on November 11, 1997 at the due date of repayment of KRW 20,000 per annum, 15% per annum, and 18% per annum for delay damages.

(2) loan. (b)

At the time of the first loan, Defendant A and G jointly and severally guaranteed the F’s loan obligations to the non-party bank, and the network E (Death August 18, 2015), and G jointly and severally guaranteed the F’s loan obligations to the non-party bank at the time of the second loan.

C. On October 11, 2002, the non-party bank transferred each of the above loans to the Korea Asset Management Corporation. The Korea Asset Management Corporation filed a lawsuit against the F, net E, Defendant A, and G for the claim for the amount of transfer from the above court to 19,394,50 won among the 42,207,224 won and its 19,394,505 won jointly and severally with Defendant F, G, and the above 86,624,335 won among the above 86,624,11 won and 20,000 won among them to 20,000 won per annum from January 4, 2006 to the day of full payment, and the above judgment became final and conclusive around that time.

On August 28, 2012, the Korea Asset Management Corporation transferred the claims that it acquired from a non-party bank to the Plaintiff, and the Plaintiff delegated the notification of transfer to the Defendant A and E on September 28, 2012.

E. On August 18, 2015, upon the death of Defendant B and C, his heir, succeeded to E’s property in proportion to the shares of 1/2. Defendant B and C filed an appeal for a limited recognition of inheritance under the Daejeon District Court’s 2015 Madan967 with respect to the death of Party B and C, and the said Defendants filed the appeal from the said court on November 20, 2015.

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