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(영문) 서울중앙지방법원 2016.04.27 2015가단5127295
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 30,000,000 won and the corresponding amount from April 8, 1997 to December 1, 2004.

Reasons

1. Facts of recognition;

A. The Korea Lease Credit Co., Ltd. (hereinafter “Korea Lease Credit”) filed a lawsuit against Defendant A (hereinafter “Defendant A”), Defendant B, and F seeking the payment of the amount of loss as stipulated in the lease agreement with the Court No. 2004Ga32915.

On January 26, 2005, this Court rendered a ruling that "Defendant A, B, and F shall jointly and severally pay 300 million won to the Korean Loan and 18% per annum from April 8, 1997 to December 31, 2004, and 20% per annum from January 1, 2005 to the date of full payment."

The above judgment was finalized on February 12, 2005.

B. On May 27, 2011, the Korean Lease Bank notified Defendant A, B, and F of the said assignment of claims on the said judgment amount. Around July 7, 2011, Defendant A, B, and F.

C. The F died on February 9, 2014, and jointly inherited Defendant C, Defendant D, and E, the wife, jointly inherited the network F.

On May 1, 2014, the Defendants reported to the Seoul Family Court 2014-Ma4140, and filed a report on the recognition of succession, and the said report was accepted on July 14, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Although the plaintiff's claim of this case seeking payment of the claim which was again taken over for the interruption of the statute of limitations due to the imminent completion of the above judgment claim, the plaintiff's claim of this case is reasonable. However, since Defendant C, D, and E, the deceased's heir, qualified acceptance of the deceased's property, it is so decided as per Disposition by ordering payment within the scope of the property inherited from the deceased.

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