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(영문) 서울중앙지방법원 2015.07.16 2014가단264048
양수금
Text

1. The Plaintiff:

(a) Defendant D: 19,200,000;

B. Defendant A, B, and C shall be the scope of the property inherited from the network E.

Reasons

1. Facts of recognition;

A. On February 21, 1990, the bankrupt Hansan General Finance Co., Ltd. concluded a bill transaction agreement with the USP Co., Ltd. under the joint and several surety of the network E and concluded a loan, and thereafter, the bankruptcy trustee of the above bankrupt filed a lawsuit against E and F against the Korea Deposit Insurance Corporation under the Seoul Central District Court 2004Kadan139099, and confirmed on September 3, 2004, “the defendant jointly and severally pays to the plaintiff the amount calculated at the rate of 20% per annum from May 22, 2004 to the day of full payment”.

B. On September 14, 2012, the Korea Deposit Insurance Corporation of Korea Deposit Insurance Corporation of Korea, the bankrupted Korea Deposit Insurance Corporation, transferred a claim to the Plaintiff with respect to the network E, and notified the fact of transfer to E, etc. on July 11, 2014.

C. On August 2, 2014, E died, and the heir is F, Defendant A, Defendant B, Defendant C, and Defendant D, who are children of the network E.

On December 22, 2014, Defendant A, Defendant B, and Defendant C received an inheritance limited recognition trial from the Seoul Family Court 2014-Ma10324, and the said trial became final and conclusive.

[Ground of recognition] The descriptions of Gap evidence 1 to 7, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the facts established above, the Defendants are obligated to pay to the Plaintiff 1,9.2 million won per annum from May 22, 2004 to the day of full payment, within the scope of the property inherited from the network E, and to pay to the Plaintiff 1,9.2 million won per annum from May 22, 2004 to the day of full payment.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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