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(영문) 서울중앙지방법원 2015.10.22 2014가단5118973
양수금
Text

1. The Defendants: (a) to the extent of property inherited from the network C, KRW 27,798,489, respectively, and KRW 6,482.

Reasons

1. The network C (the deceased on Apr. 11, 2005; hereinafter “the network”) agreed on Nov. 7, 1997 to set the starting date of the loan between the Korea Commercial Bank Co., Ltd. (Korea Commercial Bank Co., Ltd.) and the Korea Commercial Bank (hereinafter “Korea Co., Ltd.”) as of Nov. 17, 1997, and changed its trade name to Korea Co., Ltd. on May 20, 2002; hereinafter “Korea Co., Ltd.”) as of Nov. 17, 1997, with a limit of KRW 35,000,000 if the loan was received within the limit of KRW 35,00,000, and the interest was not paid within 30 days from the date of each interest payment.

(A) The deceased lost the benefit of time because he did not pay interest on the designated date. On March 30, 2002, the non-party bank transferred his claim against the deceased to a limited-liability company specialized in Korean financial derivatives, and the above limited-liability company transferred its claim to the Promotion Savings Bank Co., Ltd. on February 14, 2003.

On June 10, 2004, a mutual savings bank promoting mutual savings bank filed a lawsuit claiming loans against the deceased as Seoul Central District Court 2004Kadan187142 and received a favorable judgment on October 22, 2004.

The Plaintiff received the claim against the Deceased from the Promotion Mutual Savings Bank Co., Ltd. on June 15, 2011. The claim against the Deceased is KRW 22,688,095 as of December 10, 2013, plus KRW 97,294,294,714 as of December 10, 2013.

On February 11, 2014, the Defendants, the inheritor of the deceased, were subject to a qualified acceptance trial (Ulsan District Court 2014Ra49). On August 12, 2015, the Plaintiff notified the Defendants of the transfer of the said claim.

【Ground of recognition】 The fact that there is no dispute, A1-1, 1-2, 1-3, 1-4, 2, 3, 4, 1, and 1, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants, within the scope of the property inherited from the Deceased, shall promote the lawsuit from August 17, 2015 to the day of complete payment, which is the day following the delivery of the application for modification of the purport of the claim as of July 22, 2015, as to KRW 27,798,489, and KRW 6,482,312, respectively, of the principal and interest of the Plaintiff within the scope of the property inherited to the Plaintiff.

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