(영문) 서울중앙지방법원 2016.11.15 2016가단5030930

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(영문) 서울중앙지방법원 2016.11.15 2016가단5030930

양수금

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1. Within the scope of the property inherited from the network E, to the Plaintiff:

A. Defendant A is 27,965,012 won and 5,969 among them.

Reasons

1. The judgment on the cause of the claim received each loan of KRW 15,00,000 from Korea Light Bank on June 19, 1997 and KRW 10,000,00 on September 22, 1997 (hereinafter “instant loan”); the claim of the instant loan was transferred before transfer and then transferred to the Plaintiff as of September 2, 197; the obligor was duly notified of the transfer; and the inheritor died on June 27, 2008; and the heir died on June 27, 2008; and the heir was his spouse A, F, B, C, and D with Suwon District Court Decision 2008Hun-Ba2564 on November 3, 2008; the Plaintiff’s credit acquisition of the net loan as of November 8, 2015 did not have any dispute over the principal and interest of KRW 102,538,3781,781,781,7881, and the principal and interest of the Plaintiff’s attempted loan of KRW 20881,7.

Therefore, the Defendants, the heir of the network E, are obligated to pay the Plaintiff the obligation of the acquisition of the instant loan within the scope of the property inherited from the network E, and Defendant A, according to their respective shares of inheritance, is obligated to pay the Plaintiff the obligation of the acquisition of the instant loan amounting to KRW 27,965,012 (3/11 of the principal and interest of the debt) and KRW 5,969,260 (3/11 of the principal of the debt), Defendant B, C, and D, respectively, with KRW 18,643,341 (2/11 of the principal and interest of the debt) and KRW 3,979,507 (2/11 of the principal of the debt), whichever is the date of delivery of the copy of the complaint of this case sought by each Plaintiff, in addition to the damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 20, 2016 to the date of full payment.

(A) The Plaintiff filed a claim against F, a joint and several surety for the foregoing loan obligation, and a co-inheritors, but the instant payment order against F was finalized, and was stated on the date of pleading that F is not liable to the heir.)

2. Conclusion, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition.

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