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(영문) 서울중앙지방법원 2017.07.21 2016가단37066
양수금
Text

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

A. 1 Defendant A Co., Ltd. is 10.

Reasons

1. Facts of recognition;

A. Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) filed a lawsuit on April 5, 2006 against Defendant A Co., Ltd. (hereinafter “A”), B, New Asian Electric Industry Co., Ltd. (hereinafter “S”) and E, and rendered a favorable judgment on April 1, 2006. The judgment became final and conclusive, but the said judgment did not pay the above judgment amount.

B. On August 26, 2011, the Financial Services Commission made a decision to transfer a claim against Defendant A, the debtor of the Busan District Savings Bank, to the Plaintiff, and the Busan District Savings Bank publicly announced the decision to transfer a contract on August 29, 201.

C. The Plaintiff succeeded to all rights of Defendant A, the debtor of Busan2 Savings Bank, through the above decision on contract transfer, and met the requirements for setting up against the designated transfer of claim under Article 450 of the Civil Act by the public notice of the said decision on contract transfer.

E (hereinafter “the deceased”) died on May 12, 2009, and the E’s wife succeeded to the deceased’s obligations 3/7, G, and H 2/7, respectively. However, the aforementioned F, G, and H were subject to the waiver of inheritance under the Suwon District Court’s Sungnam Branch 2009Raba864. As such, Defendant B, C, and D, a sibling of the deceased, succeeded to the deceased’s obligations 1/3 each.

[Reasons for Recognition] Defendant A, B, and D: Each entry in Gap evidence Nos. 1 through 10 (including branch numbers), the whole purport of the pleadings, Defendant New A, C: Confession of confession

2. Determination as to the cause of action

A. According to the above basic facts with respect to Defendant A, B, A, and C, the above Defendants are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

B. According to the above basic facts, Defendant D also has the obligation to pay the Plaintiff money as stated in Section 1-B, C, and D with the remaining Defendants, barring any special circumstance. Defendant D also has the obligation to pay the said money to the Plaintiff. In response, Defendant D’s inheritance of the deceased’s property is subject to a qualified acceptance trial.

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