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(영문) 서울중앙지방법원 2015.04.28 2014가합593057
양수금
Text

1. The defendant shall not exceed KRW 804,782,986 within the scope of the property inherited from Nonparty B, and KRW 200,00,000 among them.

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], evidence set forth in subparagraphs 1 through 5, each entry of evidence set forth in subparagraphs 1 through 3, and the purport of whole pleadings;

A. The Hanju Mutual Savings and Finance Company loaned the net B a total of KRW 200,000,000 as listed below, and the remainder of the net B as of December 15, 2014 is the total of KRW 604,782,982,986, including the principal, KRW 200,000,000, and interest.

The interest rate on the amount of temporary loan 150,000,000 per annum 16.5% per annum on February 14, 1997, 22% per annum on small credit loans 150,000,000 per annum on February 27, 1997.

B. The above loan claims against the network B were transferred in sequential order by the Korea-China Mutual Savings Bank, the Korea Deposit Insurance Corporation, the Korea-China Mutual Savings Bank, the Korea Federation, the final transferee of which was bankrupt, and the Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee.

C. On the other hand, around June 6, 200, on the other hand, the deceased as the heir two children C and D between the Defendant and his female, who are his spouse. The Defendant, C and D, who are the deceased’s inheritors, received each of them by filing a report of renunciation of inheritance or a qualified acceptance as indicated in the following table.

On October 4, 200, the case number of Defendant 200-Ma766 C on September 1, 200, the Suwon District Court 2000-Ma764 D on September 1, 2000, giving up inheritance.

2. According to the above facts of recognition, the defendant who solely inherited the deceased B due to the renunciation of inheritance by C and D, shall be liable to compensate the plaintiff for delay calculated at the rate of 20% per annum against the principal and interest of the remaining loan obligations and the principal amount of KRW 200,000,000,000, which is the following day of the above base date, within the scope of the property inherited from the deceased B, within the scope of the property inherited from the deceased B.

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