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(영문) 인천지방법원부천지원 2016.04.22 2015가단114755
양수금
Text

1. The Plaintiff:

A. Defendant A is either KRW 592,231,781 and its importance within the scope of the property inherited from the deceased C (D).

Reasons

1. The following facts may be acknowledged among the Plaintiff and the Defendant as a whole by taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and between the Plaintiff and the Defendant B, it is deemed that the Defendant B led to confession pursuant to Article 150 of the Civil Procedure Act.

A. On September 13, 1994, the National Bank Co., Ltd. (hereinafter “National Bank”) concluded a loan agreement with the network C (hereinafter “the network”). The Deceased loaned totaling KRW 207,876,900 over 12 occasions from September 23, 1994 to November 10, 1994.

B. In order to repay each loan from Defendant B, the mother of the Deceased, the National Bank was endorsed and delivered each promissory note (hereinafter “instant promissory note”) which issued each loan at its face value.

C. As the Korean Bank had presented the Promissory Notes to pay on the date of each payment proposal but refused to pay it, it filed a lawsuit against the Deceased and Defendant B with Seoul Southern District Court 95Da27992, which rendered a favorable judgment on November 29, 1995, and this judgment became final and conclusive around that time.

On September 30, 1998, the National Bank transferred the above loan claims to the Plaintiff, and endorsed and delivered the Promissory Notes, and notified the Deceased of November 10, 1998 regarding the transfer of the above loan claims.

E. The plaintiff filed a lawsuit against the deceased and the defendant B for the interruption of the extinctive prescription against the above final judgment, and on August 23, 2005, the plaintiff paid 19% interest per annum from July 26, 2005 to September 1, 2005 to the 195,611,954 won among the deceased and the defendant B, and on August 25, 1995 to the 195,611,954 won among the above amounts in collaboration with the defendant C, and on the 16,26,554 won from February 18, 1995 to 27,129,70,70 won from 195 to 195,611,95; and on the 196,554 won from 196,26,54 won from 25,129,700 won from 195 to 17,197,195

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