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(영문) 대전지방법원 2015.10.07 2014가합158
양수금
Text

1. The Plaintiff:

A. For Defendant A: 966,238,194 won and 157,969,695 won among them:

(b) from the net J.

Reasons

Basic Facts

On January 20, 1997, the Mutual Savings and Finance Company (hereinafter referred to as the "Mutual Savings and Finance Company"), which became final and conclusive in the relevant judgment, lent KRW 700 million to K, and Defendant A and the Network J jointly and severally guaranteed the above loan obligations.

The Daiil Treasury asserted that it will pay the remaining principal and interest thereon out of the above loan obligations, and filed a lawsuit against Defendant A and the deceased J, etc. for the claim for loans under this Court Ordinance No. 2003Da48348, Dec. 19, 2003, the court below rendered a favorable judgment that “Defendant A and the deceased J shall jointly and severally pay to the Plaintiff the amount of KRW 695,908,619 and KRW 158,42,866 at the rate of 25% per annum from December 9, 200 to the date of full payment,” and the above judgment was finalized on January 14, 2004.

(hereinafter “The instant final judgment”). On September 23, 201, the transfer of assignment of claims and the notice loyaltying depository transferred claims to Defendant A and the deceased J (hereinafter “the instant loan claims”) based on the final judgment of the instant case to the Plaintiff on September 23, 201, and on November 22, 201 of the same year, the Defendant A and the deceased J sent the notice of the said transfer to the Plaintiff as a certificate of the content of the said assignment, and thereafter, the said notice was issued around that time.

On November 3, 1970, 1970, Ma was deceased on December 20, 1984, and her mother died on December 20, 1984.

The deceased J's first heir was N, but the above N reported the renunciation of inheritance as the branch court of Gwangju District Court 2010sdan991, and the above court accepted the above renunciation of inheritance on July 20, 2010.

At the time the deceased J’s first heir’s renunciation of inheritance was reported, the deceased J’s sibling (the deceased on March 5, 2013), Defendant F, G, H, and I were the deceased’s heir at the time of the deceased’s death. At the time of the deceased’s death, Defendant C, D, and E were the wife Defendant B, their children.

On June 16, 2014, the Defendants reported to the Gwangju Family Court 2014Ra1060, an inheritance limited recognition to the deceased deceased J, and the said court filed the same year.

7.2. An adjudication was made to accept the above declaration of qualified acceptance.

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