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(영문) 서울중앙지방법원 2015.05.19 2014가합589508
양수금
Text

1. The defendant shall not exceed KRW 30,528,452 within the scope of the property inherited from the deceased B, and KRW 20,000,000 among them.

Reasons

1. Facts of recognition;

A. C obtained a loan of KRW 200,000,000 from the Chungcheong Bank, and D and the network B (hereinafter “the network”) jointly and severally guaranteed the above loan obligations.

On September 30, 2002, the Plaintiff (hereinafter “Plaintiff”) acquired the above claim from the Chungcheong Bank on September 30, 2002, and completed the notification of transfer to the said obligor around that time.

B. The Plaintiff filed a lawsuit against the said C, D, and deceased ( Daejeon District Court 2003Gadan33902) for the claim for the amount of money taken over.

On December 10, 2003, the above court rendered a ruling that "the defendant jointly and severally pays to the plaintiff 200,000,000 won and 100,000,000 won among them, and with respect to 100,000,000 won among them, 21% per annum from March 11, 1993 to the date of full payment" (hereinafter "the judgment of this case"), and the above ruling became final and conclusive around that time.

C. As of October 21, 2013, the obligation based on the instant judgment is KRW 302,465,522 (principal KRW 198,153,197 for delay damages), and KRW 104,312,325.

Meanwhile, the Deceased died on April 23, 2010.

The deceased’s legal heir is the Defendant, children E, D, F, C, G (the deceased’s wife, H was dead), I, and J, but the Defendant was tried to grant inheritance limited recognition on July 15, 2010 as the Daejeon District Court’s Family Branch Branch 2010Mo703 on the same day, and the rest of the children was tried to waive inheritance as the Daejeon District Court’s Family Branch 2010Mo704 on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including various numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Since the Plaintiff filed the instant lawsuit for the extension of the extinctive prescription period of the claim that was determined by the instant judgment, the benefit of the lawsuit can be recognized as a re-litigation for the interruption of extinctive prescription.

According to the above facts, the defendant shall make the judgment of this case within the scope of the deceased's inherited property.

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