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(영문) 부산지방법원 2016.09.22 2015가단241859

구상금

Text

1. The Plaintiff is within the scope of the property inherited from the network E, Defendant B is KRW 13,542,857, and Defendant C is KRW 9,028,571.

Reasons

1. Facts of recognition;

A. The plaintiff in relation to the parties is defendant B's friendship.

Defendant B married to the network E (F, hereinafter referred to as “the network”), and placed Defendant C and D under the chain.

B. As the Deceased died on December 22, 2011, the Defendants jointly inherited the Deceased (the inheritance ratio is Defendant B 3/7, Defendant C C 2/7, and Defendant D 2/7). The Defendants filed an application for a qualified acceptance adjudication with the Busan Family Court on April 19, 2012 (the Plaintiff reported that there was no active property at the time).

C. The Plaintiff’s monetary payment (1) The Deceased bears the obligation to pay damages for delay calculated at the rate of 13,50,000 won and 20% per annum at the time of delay on the part of the Plaintiff’s financial obligation (hereinafter “net obligation”) based on the conciliation protocol (U.S. District Court Decision 2004Dada163537, May 28, 2004) with respect to construction by day (hereinafter “N.D. Construction”).

(2) According to the above protocol of mediation, Japan Construction applied for a collection and seizure order as Busan District Court Decision 2008TTB56262 by taking the deceased as the debtor, the plaintiff as the garnishee, and the plaintiff as the third debtor, for a claim for the return of the deposit for the lease of the apartment of this case against the plaintiff as the seized claim. On April 3, 2008, the decision of acceptance was made, and it became final and conclusive.

(3) On the basis of the above order of seizure and collection, Japan filed a lawsuit against the Plaintiff seeking payment of the collection amount under Busan District Court Decision 2014Da9119, which became final and conclusive on April 4, 2014, where the Defendant failed to submit a written response, and the Defendant rendered a non-statementd judgment (23,489,99 won and damages for delay calculated at the rate of 20% per annum from February 14, 2014 to the date of complete payment).

(4) The Plaintiff’s seizure of one’s corporeal movables based on the foregoing collection amount judgment was based on the judgment of the said collection amount, and the said collection amount was based on the judgment of the said collection amount between the Japan Construction and the aforementioned construction on November 10, 2015.