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(영문) 부산지방법원동부지원 2017.10.19 2016가단214942
양수금
Text

1. The Plaintiff:

A. For Defendant A: 82,110,433 won and 81,801,643 won among them:

B. The defendant A is jointly and severally liable with the defendant.

Reasons

1. Facts of recognition;

A. In order to seek the payment of the amount subrogated by the credit guarantee agreement, the non-party Credit Guarantee Fund was finalized on December 26, 2006 by filing a lawsuit against the defendant A and G in Gwangju District Court Decision 2006Dadan20649, which rendered a favorable judgment as follows.

[ next] Defendant A and G jointly pay to the Plaintiff 82,10,43 won and 81,801,643 won and 15% per annum from September 15, 2006 to October 23, 2006, and 20% per annum from the next day to the day of full payment.

B. The Plaintiff acquired the claim against Defendant A and G from the Korea Credit Guarantee Fund.

C. G died on July 21, 2014, and jointly succeeded by Defendant C, A, D, E, and F, the wife of Defendant B and their children.

Defendant B, C, D, E, and F were determined by the inheritance limited recognition judgment of each Gwangju District Court as the 2014-Ma252, 2014-Madan203.

[Ground of recognition] Unsatisfy, Gap 1 to 3 evidence (including paper numbers), Eul 1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts, as to ① Defendant A and its 81,801,643 won and its 82,110,433 won, ② Defendant B and its 18,948,561 won (i.e., KRW 82,110,43 x 3/13 x 3/13) and its 18,87,302 won (i.e., KRW 81,801,643 x 3/13 x 12,63 x 12,632,374 won (= KRW 82,10,43 x 2/13) and 12,584,868 won among them x 13/1605 x 206 x 13/1605 x 205 x 3/13605 x 206 x 13/1605 x 205 16.36).36

Although Defendant A asserts to the effect that only within the scope of inherited property is liable upon a judgment of limited acceptance of inheritance, Defendant A’s obligation in this case is not the net H’s inheritance obligation, but the Defendant A’s obligation.

3. Conclusion.

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