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(영문) 서울중앙지방법원 2018.11.08 2016가단5185991
양수금
Text

1. The Defendants would pay to the Plaintiff KRW 35,00,000 each within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. The Light Bank Co., Ltd. extended a loan of KRW 180,00,00 on August 23, 1999 to the network D (the deceased on January 7, 2015, hereinafter “the deceased”) at the rate of KRW 19% on August 23, 2000 due, the rate of KRW 91.0% on August 23, 200, the rate of delayed interest, and KRW 19% on September 7, 1999, with the rate of KRW 320,000 on September 7, 2000 due date, the rate of KRW 9.75% on a yearly basis, and the rate of delayed interest of KRW 19% on a yearly basis.

B. The claim for each of the above loans against the deceased of Korea Light Bank Co., Ltd. was transferred to the Korea Light Bank on November 26, 2001, to the Korea Light-based Limited Company Specialized in Light-Backed Securitization on March 26, 2003, to the Korea Light-based Limited Company Specialized in Light-Backed Securitization on Sep. 10, 2008, to the Esbelivia Co., Ltd. on July 20, 2009, to the Esbelivia Co., Ltd. on July 20, 2009, and to the Plaintiff on December 30, 2009 upon delegation of the notification of the assignment of claims. The Plaintiff completed the notification of each of the above assignment of claims to the deceased on August 4, 2010.

C. As of April 25, 2016, the principal amount of the loan as of August 23, 1999 remains 42,920,763 won, and the principal amount of the loan as of September 7, 1999 remains 268,168,085 won.

The Defendants, as co-inheritors of the deceased, are 1/2 of their respective inheritance shares, and the Seoul Family Court 2017 was rendered an adjudication on inheritance limited approval on June 27, 2018, and the said adjudication became final and conclusive around that time.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 6, and the purport of the whole pleadings】

2. The plaintiff filed a claim with only KRW 70 million out of the principal and interest of the loan to the deceased on September 7, 1999, among the principal and interest of the loan to the deceased acquired on September 7, 199. According to the above facts of recognition, the defendants are obligated to pay the plaintiff KRW 35 million (70 million ± 2) equivalent to each inheritance share within the scope of the property inherited from the deceased.

3. Conclusion, the plaintiff's claim against the defendants of this case is reasonable, and it is so decided as per Disposition to accept it.

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