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(영문) 서울중앙지방법원 2015.07.17 2014가단5252583
양수금
Text

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

A. Defendant A is 90,325,980 won and 40.0 thereof.

Reasons

1. Basic facts

A. The Korea Federation, Inc., filed a lawsuit against D with the Seoul Central District Court 2004Kadan129610 on July 16, 2004 against D, and the above lawsuit was rendered on June 22, 2001 with respect to KRW 175,718,364 and KRW 64,223,61 among them, and KRW 35,042,256 and KRW 29,93,602 among them were to be paid at the rate of 23% per annum from February 8, 2000 to the date of full payment. The above judgment became final and conclusive on September 1, 2004.

B. The Korea Finance Corporation transferred a claim based on the above judgment to the Korea Finance Corporation, and notified the assignment of the above claim, and the Korea Finance Corporation transferred a claim based on the above judgment to the Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, and notified the above assignment of claim.

C. Solomon Mutual Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the bankruptcy trustee.

On the other hand, D died on April 17, 2013, and D succeeded to the deceased's property at the ratio of 3/7 of Defendant A, the wife of the deceased, and 2/7 of Defendant B and C, the wife of the deceased.

The Defendants filed a qualified acceptance report on the deceased’s property with Seoul Family Court 2014-Ma30820, and the said report was accepted on December 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5, Gap evidence 7, Eul evidence 4, the purport of whole pleadings

2. The Plaintiff filed the instant lawsuit on July 3, 2014, which was before the extinctive prescription is completed for the interruption of the extinctive prescription of a claim based on the above judgment. The instant lawsuit has interest in the lawsuit.

(see, e.g., Supreme Court Decision 98Da1645, Jun. 12, 1998). Therefore, the Defendants inherit the obligations based on the network D’s above judgment within the scope of property inherited from the network D.

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