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(영문) 서울남부지방법원 2017.05.19 2016가합112151
양수금
Text

1. The Plaintiff:

A. Defendant A shall be limited to KRW 111,893,822 within the scope of property inherited from D (E) and 83.

Reasons

1. Basic facts

A. On March 7, 2015, the Direct Saemaul Savings Depository (1) granted a loan of KRW 300 million to D on March 28, 2011. On February 12, 2013, the Direct Saemaul Savings Depository (hereinafter “Direct Saemaul Savings Depository”) transferred the above principal and interest of loan to the Federation of Saemaul Savings Depository, and on August 7, 2015, the Federation of Direct Saemaul Savings Depository (hereinafter “Joint Saemaul Savings Depository”) assigned the above principal and interest of loan to the Plaintiff in sequential order. The Plaintiff, who was delegated with the authority to notify the assignment of credit by the Direct Saemaul Savings Depository and the Federation of Joint Saemaul Savings Depository, notified the said assignment of credit by serving the duplicate of the application for the payment order as of October 21, 2016. (2) As of August 7, 2015, the principal of the above principal of the loan was 27,568,526, interest amount was 95,410,810 won.

B. Inheritance 1) On the other hand, D died on January 29, 2014, and D’s wife and children of F, who died on July 13, 2009, and Defendant A and B jointly inherited (or substitute inheritance) the property of D. The inheritance portion of Defendant C is 1/2, the inheritance portion of Defendant A is 3/10, and the inheritance portion of Defendant B is 2/10.2) Defendant A and B reported the qualified acceptance of inheritance of D’s property to the Daegu Family Court, and the above court accepted the said qualified acceptance acceptance report on April 11, 2017.

(2017Dives398). [Reasons for recognition]

(a) Defendant A and B: Facts without any dispute, Gap 1 through 4, Eul 1, and the purport of the whole pleadings;

(b) Defendant C: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)

2. According to the above facts, Defendant A paid damages for delay calculated at the rate of 111,893,822 won of the principal and interest of the loan that the Plaintiff acquired within the scope of the property inherited from D and 83,270,557 won of the loan principal, which the Plaintiff sought, to the extent of the property inherited from D, at the rate of 15% per annum from April 2, 2017 to the date of final delivery of the copy of the complaint of this case to the date of full payment, and Defendant B paid damages for delay calculated from April 2, 2017 to the date of full payment. Defendant B paid the principal and interest of the loan that the Plaintiff acquired within the scope of the property inherited from D to the date of full payment.

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