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(영문) 부산지방법원 2019.09.04 2019가합45193
대여금
Text

1. The Plaintiff:

A. Defendant B is jointly and severally and severally with Defendant C within the scope of KRW 1,000,000,000,000 and the amount of KRW 990,16,742.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) filed a claim against Defendant B and D against Defendant B, D, and the Bankruptcy Trustee G, G, and I, but the following are the only parts related to the instant case.

Busan District Court 2008Kadan14394 filed a loan claim lawsuit.

B. On March 17, 2009, Busan District Court rendered a ruling that D shall pay to A 990,166,742 won and 320,359,542 won among them at the rate of 20% per annum from March 24, 2005 to the date of full payment, and Defendant B shall jointly and severally pay D 990,16,742 won and 320,359,542 won with D at the rate of 20% per annum from March 24, 2005 to the date of full payment, and the above ruling became final and conclusive on April 8, 2009.

(hereinafter the above final judgment is referred to as “the final judgment of this case,” and a claim based on the final judgment of this case is referred to as “the instant claim for judgment”).

A was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the plaintiff was appointed as a trustee in bankruptcy on September 26, 2013.

On the other hand, D (hereinafter “the deceased”) died on May 28, 2014, and Defendant C and J jointly inherited the deceased, who is the wife of the deceased, and his children.

On September 30, 2014, Defendant C was tried to accept a limited acceptance of inheritance by the Busan Family Court as the Busan Family Court Decision 2014Ra2902, and F and J were tried to accept a refusal of inheritance by the Busan Family Court Decision 2014Ra2901 on October 7, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff filed the lawsuit of this case for the interruption of extinctive prescription of the judgment claim of this case. According to the above facts of recognition, according to the judgment of this case, the defendant Eul filed the lawsuit of this case with the defendant C within the scope of KRW 1,00,000,000,000 and 300,000,000,000 won, jointly and severally with the defendant C.

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