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(영문) 광주지방법원목포지원 2020.04.01 2019가단3941
양수금
Text

1. The Plaintiff:

A. Defendant B and C shall each be the amount of KRW 16,66,66,66 and each of them, from November 23, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On December 14, 2007, the Plaintiff made a notarial deed of a monetary loan agreement between G and G, which provides that the Plaintiff shall lend KRW 100 million to G, the due date for payment shall be May 20, 2008, interest shall be 4% per month (payment on May 20, 2008), and delay damages shall be 4% per month.

B. On the other hand, on October 12, 2007, the Plaintiff entered into a contract with G to acquire the right to collateral security (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) holding KRW 150,000,000 owned by G with respect to the net F, and completed the registration of transfer of the right to collateral security in the name of G, which was established on December 14, 2007, with respect to the value of KRW 13,289 square meters and 4,473 square meters in the name of the Plaintiff, Nam-nam-gun, Seoul Special Metropolitan City, which was owned by the Deceased.

C. On May 28, 2018, the Plaintiff received reimbursement of the principal KRW 100 million from the Deceased of the instant claim for the transfer money.

On April 9, 2019, the deceased died, and as his heir, Defendant D and E (the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s children as Defendant B, C and D’s deceased heir).

E. On September 11, 2019, Defendant D and E filed a request for a qualified acceptance on inheritance of the deceased’s property with the Suwon Family Court Decision 2019Ra1774, supra, on October 11, 2019, for a qualified acceptance trial on the said qualified acceptance.

【Ground for Recognition】 As to Defendant B: service by publication (Article 208(2)2, and Article 150(3) of the Civil Procedure Act) against Defendant C: The fact that there is no dispute as to Defendant D and E: Evidence Nos. 1 through 4, evidence Nos. 1 and 2, and the purport of the whole pleadings;

2. According to the above facts of recognition, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff the remainder of the principal amount (i.e., KRW 150 million-100 million) out of the acquisition amount claims of this case as the heir of each deceased (i.e., KRW 50 million) according to the Defendants’ inheritance shares. However, Defendant D and E are obligated to pay each of the above money within the scope of the property inherited from the deceased.

Therefore, the Plaintiff.

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