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(영문) 서울중앙지방법원 2016.08.26 2016나28032
양수금
Text

1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked;

2. The plaintiff.

Reasons

1. Basic facts

A. On May 12, 1992, Pung Fung Central Credit Union (hereinafter “Union”) loaned KRW 10,000,000 to Co-Defendant B (hereinafter “B”) of the first instance court on May 14, 1995 due date for repayment, KRW 14% per annum, and interest interest rate of KRW 22% per annum (hereinafter “instant loan”). At the time of the above loan, Co-Defendant C of the first instance court (hereinafter “C”) and F jointly and severally guaranteed the above loan obligations to the Association, and B did not pay the above loan at the due date for repayment.

B. After the bankruptcy of the union, the bankruptcy trustee of the union transferred the instant loan claim to the Plaintiff and notified the transfer of the claim.

C. In around 2004, the Plaintiff filed a claim against F for the above amount as the Daegu District Court Branch 2004Gadan1886, and on June 15, 2004, the lower court rendered a favorable judgment against F, that “F shall pay to the Plaintiff the amount equivalent to KRW 9,99,522 and the amount equivalent to KRW 22% per annum from September 21, 1996 to the full payment date,” and the above judgment became final and conclusive around that time.

On the other hand, the deceased died on August 31, 201, and the deceased’s heir was D and the Defendant and the Appointor E, who were the deceased’s spouse’s children. However, on November 29, 201, the said D, E and the Defendant reported the renunciation of the deceased’s inheritance under the Daegu District Court’s Ansan-dong Branch Branch 201Mo311, and on December 23, 201, received a judgment from the said court that the said court accepted the report on renunciation of the deceased’s inheritance.

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

2. The Plaintiff’s assertion and judgment asserted that the Plaintiff acquired the instant loan claim against the deceased F from the trustee in bankruptcy of the union, and sought the payment of the said transfer amount against the Defendant (Appointed Party) and the designated parties, who are co-inheritorss of the deceased. However, as seen earlier, the Defendant (Appointed Party) and the appointed parties are about the deceased’s property.

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