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(영문) 서울북부지방법원 2018.03.22 2017가합26175
양수금
Text

1. Within the scope of the property inherited from the network B to the Plaintiff:

(a) The Defendant (Appointed Party) is the 776,845,591 won and its.

Reasons

1. Basic facts

A. On December 18, 2007, E Co., Ltd. borrowed KRW 930,000,000 from the new bank, a stock company borrowed KRW 930,000 from the new bank, and the due date was determined to be 21% per annum on December 12, 2008.

B. The deceased B (hereinafter “the deceased”) was the representative director of the E Co., Ltd. at the time, and jointly and severally guaranteed the above borrowed debt.

C. On September 28, 2009, New Bank Co., Ltd. transferred the above loan claim to the limited liability company specializing in the securitization of KDF, and at that time notified the deceased of the transfer of claim.

On March 31, 2015, the limited liability company specialized in the Kddyp primary securitization transferred the above loan claims to the Plaintiff, and at that time notified the deceased of the transfer of claims.

On June 12, 2017, the deceased died on June 12, 2017, and the bereaved family members of the deceased have the spouse (the appointed party; hereinafter referred to as the “Defendant”) and children C (the appointed party), F, and D (Appointed).

On August 24, 2017, Defendant, Appointors C, and D reported qualified acceptance on September 1, 2017, and F reported renunciation of inheritance on August 23, 2017 and accepted on August 30, 2017.

E. As of July 18, 2017, the deceased’s obligation is the principal of KRW 740,338,340, interest and delay damages in total of KRW 1,812,639,716.

[Ground of recognition] Facts without dispute, Gap 1 through 4 (including branch numbers if there is a tentative number; hereinafter the same shall apply), Eul 1, and the purport of the whole pleadings

2. The judgment of the court of this case is a joint and several surety, and the defendant and the designated parties who have succeeded to the above loan claim are obligated to repay to the plaintiff who has taken over the above loan claim. The defendant to the extent of the inherited property: 76,845,591 won (=1,812,639,716 won x 3/7 of shares in inheritance x 3/7 of shares in inheritance; hereinafter the same shall apply) and 317,287,859 won among these 317,287,859 won (=the principal of the loan 740,338,340 x 3/7 of shares in inheritance x 3/7 of shares in inheritance x interest of 21% per annum from July 19, 2017 to the day of full payment).

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