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(영문) 서울중앙지방법원 2016.05.13 2015나62332
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 9, 1996, the Gyeonggi Bank Co., Ltd. lent to D the amount of KRW 50 million due on February 8, 1999. On September 26, 1997, the amount of KRW 80 million due was determined and lent to D as of September 26, 1999.

(C) If the loan was extended to the Korea Asset Management Corporation (hereinafter “instant loan”). However, the Plaintiff did not repay the instant loan, thereby losing the benefit due to the Plaintiff’s failure to repay the loan. The Gyeonggi Bank transferred the instant loan claim to the Korea Asset Management Corporation.

B. The Korea Asset Management Corporation has received judgment in favor of D by filing a lawsuit claiming the acquisition amount of D by Seoul Central District Court 2003da170208, and the above judgment became final and conclusive on February 4, 2004.

On August 28, 2012, the Plaintiff acquired the instant loan claims from the Korea Asset Management Corporation. Upon delegation of the power to notify the assignment of claims, the Plaintiff sent D a certificate of content concerning the assignment of claims on September 28, 2012.

E. The principal and interest obligation of the instant loan remains 8,637,086 won as interest is partially repaid.

F. Meanwhile, D died on June 24, 200, and as his inheritor, Defendant A, Defendant B and C who is his spouse.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 3 evidence, each entry of Eul 2 evidence, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay the amount stated in the claims to the Plaintiff according to their respective shares of inheritance, as they succeeded to their obligations as their successors.

3. Judgment on the defendant's defense

A. The Defendants asserted that the instant loan obligation was fully repaid, but it is not sufficient to acknowledge the Plaintiff’s proof alone, and there is no other evidence to prove otherwise, the Defendants’ assertion on this part is not acceptable.

B. The Defendants asserted that the instant loan claim had expired by prescription as to the statute of limitations defense.

In the instant case, spam, etc.

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