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(영문) 부산지방법원 2016.04.27 2015가단84384
대여금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally with Nonparty I KRW 226,309,023;

B. Defendant C is, from the deceased J.

Reasons

1. Facts of recognition;

A. Yong-Nam Savings Bank Co., Ltd. (hereinafter collectively referred to as the “Ynam Savings Bank”) filed a loan claim lawsuit against Defendant A, B, I, and the DongJ by the Busan District Court Decision 2005Da67700, Oct. 7, 2005, and sentenced Defendant A, B, I, and the DongJ to jointly pay KRW 226,309,023 to the Yong-Nam Savings Bank. The above judgment became final and conclusive around that time.

B. Following the deceased on December 3, 2008, the deceased J succeeded to the property of the deceased J in proportion to the 3/15 shares, Defendant B, D, E, F, G, and H’s shares, each of 2/15 shares.

C. On January 9, 2009, Defendant C, D, E, F, G, and H reported a qualified acceptance on the inherited property of the deceased J as the Family Branch of the Busan District Court on January 9, 2009, and received from the above court on February 5, 2009 a declaration of qualified acceptance.

On September 26, 2013, the Yong-Nam Savings Bank was declared bankrupt in Busan District Court 2013Hahap16, and the plaintiff was appointed as the trustee in bankruptcy on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 26,309,023, (2) Defendant C, within the scope of property inherited from the networkJ, jointly and severally with Defendant A, B, and Non-Party I, within the scope of property inherited from the networkJ (=26,309,023 x 3/15 x less than won), and (3) Defendant D, E, F, G, H, within the scope of property inherited from the networkJ, jointly and severally with Defendant A, B, and Non-Party I, within the scope of property inherited from the network, 30,174,536 won (=26,309,023 x 2215 x 2/15 x 15 x 3/15 x 16).

B. Defendant C et al., the heir of Defendant C et al.’s judgment network as to the assertion of Defendant C et al., is currently active property of the deceased J.

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