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(영문) 부산지방법원 2015.08.25 2013가단89033
대여금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 5,787,117,596 and KRW 3,003,035,379 among them:

B. Defendant B is net D.

Reasons

1. Facts of recognition;

A. The Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) extended a total of KRW 8,970,000,000 to the network D (hereinafter “the network”) on five occasions (hereinafter “instant loan agreement”). Specific details of each loan, and the principal balance, interest, and delay damages as of September 1, 2013 are listed below.

Serial 108.10 November 10, 2008. 10, 201. 3,00,00,000,000 won per annum 21% per annum, 3,00,000,000 won per annum, 2,873,506,324 won per annum 28. 26. 26. 20,70,00,000,000 won per annum 205,00,000 won per annum 26. 3,05,00,00 won per annum 2,49,000,000 won per annum 2,000,000,000 won per annum 2,370,370,626,26,000,000 won per annum, 26,08,000 won per annum 3,508,00 won per annum;

B. On March 7, 2012, Busan District Court Decision 2012Hahap1, which was declared bankrupt on March 7, 2012, the Defendant was appointed as bankruptcy trustee from the above court.

C. Meanwhile, the Deceased died on October 29, 2009, and his heir was the Defendant A and his child, the spouse, and the inheritance shares of the Defendant A were 3/7, the inheritance shares of the Defendant B, and the inheritance shares of the Defendant E are 2/7, respectively, and the Defendant B filed a report on the re-approval of inheritance with the Busan Family Court Decision 2013Ra3970 on December 19, 2013, and the said report was accepted on January 16, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, as to the plaintiff according to the defendants' own shares in inheritance, and as to the defendant A's 5,787,117,596 won (=(7,007,082,551 won 6,496,191,839 won) x 3/7) and 3,003,035,379 won among them (=7,007,082,551 won x 3/7).

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