logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.16 2014가합579938
양수금
Text

1. The defendant shall not exceed 244,046,356 won within the scope of the property inherited from the deceased B, and 167,796 won among them.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) borrowed each of the loans at the rate of 17% per annum from the Han Bank (hereinafter “the instant loans”), and the amount of KRW 30,000,000 from the Han Bank (hereinafter “I Bank”) as the corporate working capital, around October 19, 2007, KRW 207,000,000 on May 11, 2010, and KRW 30,000,000 on June 30, 2010 (hereinafter “the instant loans”), and the amount of KRW 269,10,000 on which C’s representative director was the “B” (hereinafter “the network”) guaranteed all the comprehensive obligations owed to Han Bank.

B. On the other hand, the deceased died on July 21, 2010, and his inheritor was the Defendant, who is the spouse, D and son, who was the deceased. Of them, D reported the renunciation of inheritance on September 16, 2010 as the District Court of Jungyang Branch 2010Ra1019, and reported the renunciation of inheritance on October 4, 2010.

C. Since then, on October 28, 2010, the instant loans against C were transferred from the Han Bank to the Joint Asset Management Co., Ltd., and on November 30, 2010 to the Plaintiff, respectively.

On December 13, 2010, one bank sent notice of the assignment of claims by content-certified mail at least twice as the last address of C, and publicly announced the fact of the transfer of claims of this case at the daily newspaper on December 13, 2010, a daily newspaper distributed nationwide. D.

As of August 25, 2014, the principal and interest of the instant loan is KRW 244,046,356 in total (i.e., principal KRW 167,796,527 and damages for delay).

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 9-2, Eul evidence 1 and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the principal and interest of loan and damages for delay payable to the plaintiff as the heir of the deceased, unless there are special circumstances.

B. The defendant's qualified acceptance.

arrow