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(영문) 서울중앙지방법원 2017.05.25 2016가단5242979
양수금
Text

1. The Defendants, within the scope of property inherited from the network D, shall be limited to KRW 13,536,438, respectively, and 5.

Reasons

1. Basic facts

A. On March 5, 1996, the non-party Samsan Fisheries Cooperatives (hereinafter “the non-party cooperative”) entered into a loan transaction agreement with E and loans of KRW 20 million and interest rate of KRW 14.5% per annum.

B. D has jointly and severally guaranteed the above loan obligations.

C. E delayed repayment of the above loan, the non-party union transferred the above loan principal and interest loan to the Korea Asset Management Corporation on October 11, 2002, and notified D of the transfer around that time.

In relation to the above loan, the non-party union and E agreed to apply the overdue interest rate that the non-party union changes according to the basic terms and conditions for the credit transaction, and the agreed overdue interest rate applied thereto is 18% per annum from October 7, 2005.

E. The Korea Asset Management Corporation filed a lawsuit against E, etc. on the claim for the amount of transfer under the Chuncheon District Court 2005dan13666.

On May 18, 2006, the above court rendered a judgment accepting the entire claim, and the above judgment became final and conclusive around that time.

F. On September 18, 2012, the Plaintiff acquired the above bonds and completed the notification of transfer.

G. Meanwhile, D died on July 13, 2016. On the other hand, D’s application for the inheritance limited recognition was accepted against the Defendants, who were inheritors, as the Chuncheon District Court’s Gangnam Branch 2016-Ma325.

[Ground for recognition] Unsatisfy

2. According to the above facts of recognition, within the scope of the property inherited from the network D, the Defendants are obligated to pay the amount of the transferred money to the Plaintiff.

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