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(영문) 청주지방법원 2015.10.14 2014가합27347
양수금
Text

1. The Plaintiff:

A. As to the defendant A 260,172,929 won and 59,081,424 won among them:

B. Defendant B and C are deceased.

Reasons

1. Basic facts

A. The Chungcheong Bank Co., Ltd. (hereinafter “ Chungcheong Bank”) lent a total of KRW 270 million over four occasions as indicated in the following table 1 to the Network D (Death on April 4, 2007) (hereinafter “the instant loan”).

On June 30, 2014, the principal remaining as of June 30, 2014 as of June 24, 1997 the overdue interest accrued as of January 24, 1997; 20,00,000; 20,362,674,247,137 June 9, 1997; 00,000 on June 30, 1997; 16,293,93,983,64, 64, 861, 162, 30,000,000,000,000,35,000,50,000,38,000, 163, 162, 30,00,000,000,38,09, 197, 209,74,009;

B. On September 29, 1998, the Chungcheong Bank transferred the instant loans (including principal and interest) to the Plaintiff on September 29, 1998, and notified the net D of the assignment of the said loans.

C. As of June 30, 2014, the principal and interest of the instant loan still remains at KRW 607,070,169 as indicated in the said Table 1 (i.e., the total principal amount of KRW 137,856,657, etc. at a rate of KRW 469,213,512), and the overdue interest rate on the instant loan after June 30, 2014 is 19% per annum.

On the other hand, the networkD married with Defendant A and died with Defendant B, and Defendant C, and Defendant B and C filed a petition for an adjudication of limited acceptance of inheritance under the Chuncheon District Court's 2007-Ma138 with respect to the deceased D's inheritance, and received the adjudication on August 22, 2007. On July 22, 2015, E reported the waiver of the deceased D's inheritance of property to the same court, and received the adjudication on July 30, 2015.

[Reasons for Recognition] Defendant B and C: A without dispute, entry of Gap evidence 1 through 4, Eul evidence 1 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, according to E’s renunciation of inheritance, the Defendants becomes the co-inheritors of the network D, and the network D.

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