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(영문) 서울중앙지방법원 2016.06.16 2015가단131671
양수금
Text

1. The plaintiff

A. Defendant A Co., Ltd.: 58,000,000 won and its therefrom from January 21, 2005

B. Defendant B is deceased.

Reasons

1. Facts of recognition;

A. Busan 2 Mutual Savings Bank (hereinafter “Defendant Company”) filed a lawsuit against the Defendant Company A (hereinafter “Defendant Company”) and E with Busan 2004Gahap20930, and filed the lawsuit on April 6, 2005 with the Busan 2005. The above judgment was finalized at that time, where “Defendant Company 572,965,977 won, Defendant E jointly and severally with the Defendant Company 482,965,977 won out of the above money, and each of the above money was paid at the rate of 20% per annum from January 21, 2005, and from January 13, 2005 to the day of full payment.”

B. Pursuant to Article 14(2) and (4) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act, the Financial Services Commission made a decision to transfer a claim against the Defendant Company of the Busan 2 Savings Bank to the Plaintiff, and the Busan 2 Savings Bank publicly announced the said decision to transfer a contract via a daily newspaper.

C. On April 14, 2007, E died, and the wife F, G, a child, and C, who are co-inheritors, renounced their inheritance, and Defendant B inherited the deceased’s inheritance obligation solely.

On January 12, 2016, Defendant B was rendered a ruling of qualification approval by inheritance as Busan Family Court No. 2015-Ma4050.

[Ground of recognition] Evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination and conclusion, the defendant company is obligated to pay to the plaintiff 58,00,000 won and its equivalent amount from January 21, 2005 to the extent of the property inherited from the network E, and the defendant B, the heir of the network E, to the extent of the property inherited from the network E, and jointly with the defendant company 49,00,000,000 won out of the above money and the amount calculated by the rate of 20% per annum from January 13, 2005 to the day of complete payment. Thus, the plaintiff's claim is accepted.

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