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(영문) 서울중앙지방법원 2019.05.14 2018가단5261530
양수금
Text

1. The Plaintiff:

A. Within the scope of the property inherited from the deceased H, Defendant B shall be KRW 17,142,850, Defendant C and D.

Reasons

1. Facts of recognition;

A. On November 1, 1995, H obtained a loan of KRW 50,000,000 from the J (hereinafter “J”) (hereinafter “instant loan”), and I and the Defendant E guaranteed the above loan obligations to H J on the same day, with the guarantee of KRW 65,000,000 (hereinafter “instant joint and several guarantee”).

B. On September 29, 1998, J transferred the instant loan claims and joint and several liability claims to the Korea Asset Management Corporation, and at that time notified the transfer of claims to H, I, and Defendant E.

C. H died on October 28, 2006. Defendant B, Defendant C and D, the wife of the network H, filed a report of inheritance limited recognition (Scheon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2007). The above court accepted the report on March 14, 2007.

The Korea Asset Management Corporation filed a lawsuit against Defendant B, C, D, E, and I for the payment of the instant loan claims and joint and several surety claims with the lower court 2008da4720, Jan. 7, 2009. The above court rendered judgment with respect to “Korea Asset Management Corporation,” KRW 120,13,148 within the scope of property inherited from the network H, KRW 51,485,634, and KRW 17,142,857 among them, KRW 34,323,756, and KRW 11,428,571 of each of them, and KRW 11,428,570 from July 9, 208 to October 9, 2008 to KRW 200, KRW 200, KRW 200, KRW 3150, KRW 301, KRW 205, KRW 301, KRW 315,205, and KRW 315,201,205.

E. After that, the Korea Asset Management Corporation transferred the instant loan claims and joint and several surety claims to the Plaintiff on September 18, 2012, and notified the transfer of claims to H, I, and Defendant E at that time.

F. I died on May 14, 2016, and K, Defendant F, and G, who are children.

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