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(영문) 서울중앙지방법원 2019.01.23 2017가단45446
양수금
Text

1. The Defendants: to the extent of property inherited from the networkF to the Plaintiff, KRW 59,436,191, respectively, and KRW 7,643.

Reasons

1. Determination on the cause of the claim

A. In full view of the respective entries in Gap evidence Nos. 1 through 22 and the overall purport of the pleadings, the facts identical to the entries in the cause of the claim after the modification in the attached Form can be acknowledged.

B. According to the above facts of recognition, the Defendants, who inherited the net F’s joint and several liability to the Plaintiff, are obligated to pay KRW 59,436,191 in proportion to the portion of the inherited property within the scope of the property inherited from the net F, as sought by the Plaintiff, unless there are special circumstances.

2. Determination as to the assertion by Defendant B, G, and C

A. The Defendants asserted to the effect that the Plaintiff’s claim of this case is unjustifiable, on the grounds that Nonparty bank, the Korea Asset Management Corporation (hereinafter “Korea Asset Management Corporation”), the Korea Asset Management Corporation (hereinafter “Korea Asset Management Corporation”), notified the netF or its heir of the transfer of claims.

Unless otherwise stipulated by the parties, if a claim against the principal obligor is transferred due to the subsidiary nature or accompanying nature of the principal obligation, the surety obligation shall also be transferred along with the surety obligation. In such cases, the requirements for setting up against the transfer of the obligation shall be satisfied if the obligation satisfies the requirements for setting up against the principal obligation, and it shall not be separately required to satisfy

(2) As seen earlier, the non-party bank shall be deemed to have transferred the secured claim in sequential order with the Korea Asset Management Corporation; the Korea Asset Management Corporation shall transfer the secured claim to the non-party company (hereinafter “instant loan”); and the Korea Asset Management Corporation shall notify the non-party company of the transfer of the secured claim by the non-party company at the time of the transfer of the secured claim. Thus, the above secured claim shall be deemed to have been transferred in succession without the need to meet the requirements for setting up against the assignment of the claim to the deceasedF or its inheritors.

Therefore, above.

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