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(영문) 전주지방법원 2020.09.23 2020가단522
양수금
Text

1. The Plaintiff, within the scope of property inherited from the network D from the network E:

A. Defendant A is 39,724,622 and above.

Reasons

Facts of recognition

A. On September 28, 2005, F Co., Ltd. transferred to the Plaintiff a loan claim on July 31, 2002 against the deceased E (hereinafter “the deceased”) and a loan claim on December 16, 2004, and notified the deceased of the transfer of the claim around that time.

B. As of November 30, 2009, the principal amount of the Plaintiff’s claim against the Deceased is KRW 45,208,417, and the unpaid interest and delay damages are KRW 47,482,368.

On December 18, 2009, the Plaintiff applied for the payment order against the Deceased for the payment order, and on December 18, 2009, the Jeonju District Court ordered the Plaintiff to pay damages for delay calculated at the rate of 19% per annum from December 1, 2009 to the date of full payment with respect to KRW 92,690,785 won and KRW 45,208,417 out of the above money. The above payment order became final and conclusive on January 12, 2010.

C. On February 13, 2015, the Deceased died, and his spouse G, children H, and I, among the first-class inheritors of the Deceased, renounced their respective renunciation of inheritance, and children D were approved by inheritance.

D The deceased on June 2, 2018, and the deceased on June 2, 2018, there are Defendant A, Defendant B and C, a spouse, as the first heir of the network D.

[Based on the facts without dispute, Gap evidence Nos. 1 through 4 and Eul evidence Nos. 2 (including each number in the case of additional numbers), and the purport of the whole pleadings, the fact of the recognition as above is as follows: since the deceased's sole heir of the deceased was qualified acceptance, the deceased is obligated to pay damages for delay calculated at the rate of 19% per annum for the plaintiff who is the assignee of the debt within the scope of the property inherited from the deceased, which is the total amount of principal and interest of 92,690,785 won and the total amount of principal and interest of 45,208,417 won from December 1, 2009 to the day of full payment. The defendants inherited the deceased's debt to the plaintiff as the deceased's joint heir.

Therefore, within the scope of the property inherited by the deceased by the deceased, the defendant A is less than KRW 39,724,62, = 92,690,785 x 3/7, and KRW 3/7.

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