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(영문) 서울중앙지방법원 2015.03.26 2014가합51355
양수금
Text

1. The Defendants: 181,737,667 won and 6,250 respectively within the scope of property inherited from the network D to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan claim acquisition 1) Daecheon Mutual Savings Bank Co., Ltd. filed an application for a payment order of loans with the Gwangju District Court D and E. On Nov. 11, 2004, the said court ordered the creditors to pay the loans amounting to KRW 586,143,320, and KRW 241,341,283, jointly and severally, to the creditors at a rate of 20% per annum from November 11, 2004 to the date of full payment. (2) On May 25, 2007, it transferred the loan claim (hereinafter “instant loan claim”) based on the above payment order to D and notified D of the above fact.

B. D’s death and Defendants’ qualified acceptance 1) D’s death on March 17, 2007, and D’s inheritance of D’s property, E, Defendant A, B, and C’s children. (2) Defendant C filed a qualified acceptance report on D’s inherited property on December 3, 2014 with the net support of the Gwangju Family Court 2014-Ma1091, and accepted the said report on January 19, 2015.

3) On December 9, 2014, Defendant B filed a qualified acceptance report on D’s inherited property under the control of Gwangju Family Court Decision 2014-Ma113, the said report was accepted on January 19, 2015. (4) On December 15, 2014, Defendant A filed a qualified acceptance report on D’s inherited property under the control of Gwangju Family Court Decision 2014-Ma122, the said report was accepted on January 21, 2015.

C. The Plaintiff’s loan principal of the instant loan claim is KRW 241,329,151, and the interest accrued until May 25, 2007, KRW 485,621,520, and the sum of the principal and interest of the loan amount is KRW 726,950,671 (i.e., KRW 241,329,151).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. The Defendants, the inheritor of D following the death of D’s judgment as to the cause of the claim, succeeded to D’s obligations according to the inheritance shares, and the Defendants’ above inherited property.

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