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(영문) 서울중앙지방법원 2018.07.20 2017나92009
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. Judgment of the court of first instance is delivered with the assent of all Justices.

Reasons

1. In full view of the purport of the entire pleadings, the following facts may be acknowledged and there shall be no counter-proofs in the statements in Gap evidence Nos. 1 to 4 and Eul evidence No. 1.

E has received each loan from financial institutions four times as listed in the table below, each of the above financial institutions transferred to the Plaintiff each of the above loans to E on the date specified in the table below, and on August 17, 2014, the balance of the principal of the loan as of August 17, 2014, the accrued interest, and the aggregate of the principal and interest of each of the above loans are listed in the table below.

A creditor financial institution’s temporary loan (amount of KRW 10,00,000 on August 18, 2003. 10,645,342, 12,349,8217,46,9629,79,796,78307, 207, 796,7830, 7830, 107, 208, 107, 10,305, 208, 208, 105, 208, 208, 100,645, 208, 200, 100,305, 208, 200, 10,305, 10,30,307, 105, 208, 19, 16, 208, 206, 308, 206, 348, 296, 28

B. On June 23, 2014, the Plaintiff was delegated with the notification authority of the assignment of claims by the respective creditors of the above loans, and notified E of the assignment of claims.

C. On September 1, 2013, E died, and the Defendants inherited the E’s property 2/7 equity shares as their children. During the instant lawsuit, the Defendants filed a report on the inheritance limited recognition with the Jeonju District Court 2015-Ma1192, and the said court accepted the said report on January 13, 2016.

2. According to the facts of the above recognition, the defendants as the deceased E's successors, within the scope of the property inherited from the network E, and as of August 17, 2014, 25,156,486 won (the total principal and interest remaining as of August 17, 2014, KRW 88,047,703, X2/7, and below KRW 10,642,556, KRW 37,248,949, which correspond to the defendants' shares in inheritance among the remaining principal and interest of loans, and the remaining principal and interest of the loans, shall be discarded; hereinafter the same shall apply).

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