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(영문) 서울중앙지방법원 2018.03.23 2017가단5134686
양수금
Text

1. The Plaintiff is within the scope of the property inherited from the deceased C, and the Defendant (Appointed Party) is KRW 32,378,762 and the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the loan agreement with a financial institution, the remaining loan (1) C was engaged in credit transactions with the Industrial Bank of Korea (hereinafter “Non-Party Bank”), on condition that the basic terms and conditions for the loan transaction of the non-party bank apply, the non-party bank borrowed money (hereinafter “the loan in this case”), and the Defendant B jointly and severally guaranteed the loan obligations in this case.

(2) Although the maturity date of the instant loan has expired, C lost its interest due to its failure to repay the loan, and thereafter, on June 28, 2017, C paid only some of the loan to Nonparty Bank, and as of June 28, 2017, the amount of the instant loan remains KRW 97,136,285 in total, KRW 33,63,964 in principal and overdue interest and KRW 63,502,321 in interest.

(3) C died on July 25, 2010, and the property successors and inheritance obligations are as listed in the following table:

C A’s spouse A’s principal and interest of inheritance debts with respect to the heir’s shares in inheritance with the heir, 2/91, 211, 322, 322, 378, 762D 2/97, 474, 214 21,585,841 E 2/97,474,474, 214, 2/974, 233,63, 964, 136,2855 of 2/97,474, 214, 2/974, 214, 214, 214, 33, 63, 964, 136,285

B. (1) Around September 29, 2005, the instant loan claims were transferred to the Plaintiff (the Plaintiff: dump loan company) prior to the transfer of each of the above assignment of claims around October 28, 201, around October 201, around September 29, 2005, around October 20, 2005, the Korea Capital Capital Co., Ltd., Ltd., the Echip third-tier Ltd., and around January 26, 2007, the Eastyang Social Co., Ltd., around October 20, 201, and around October 28, 201. A notice was given to C as to each of the above assignment of claims.

(2) On November 23, 2007, the Daejeon District Court filed a lawsuit against C and Defendant B, etc. on the claim for the takeover amount, and obtained the title of execution by winning a favorable judgment on November 23, 2007, and thereafter, the Plaintiff received the succession execution clause against the said title.

(c) inheritance limited acceptance trial (Appointeds), Defendant D, E, and F.

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