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(영문) 대구지방법원 2015.08.13 2014가합205106

양수금

Text

1. The Plaintiff:

A. Defendant A, as to KRW 30,210,609 and KRW 1,30,073,41 among them, shall be from May 20, 2004 to July 22, 2004

Reasons

1. Indication of claim;

A. On October 7, 2004, the Plaintiff filed a lawsuit against the deceased C (hereinafter “the deceased”) and the Defendant A for the claim for the amount of takeover under the Daegu District Court Decision 2004Kadan68998, and was sentenced to the following judgment on October 7, 2004 (hereinafter “instant claim”).

1. The Plaintiff:

A. The amount calculated by Defendant A as to KRW 35,653,682 and KRW 30,073,41 per annum from May 2004 to July 22, 2004; KRW 19% per annum from May 20, 2004 to July 22, 2004; KRW 19.5% per annum from July 20, 2004 to KRW 20% per annum from each of the following dates to full payment; KRW 2,191,096 per annum from May 20 to full payment; and

B. Defendant A and the network C are jointly and severally 4,557,928 won and each payment is made.

B. After that, the Deceased died on January 19, 2013. Around January 19, 2013, the Deceased’s heir had Defendant B, who is his child, filed a report of renunciation of inheritance with the Daegu Family Court No. 2013-Ma1001, and the said report was accepted on March 29, 2013. Defendant B filed a report of refusal of inheritance with the Daegu Family Court No. 2013-Ma1002, and the said report was accepted on March 29, 2013.

C. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the claim of the instant judgment amount.

Therefore, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription against the claim of the instant judgment amount, and the Defendant A is obligated to pay the claim of the instant judgment amount to the Plaintiff, and the Defendant B is jointly and severally liable with the Defendant to pay KRW 4,57,928 out of the above KRW 360,210,609 (= KRW 355,653,682,657,928) within the scope of the property inherited from the Deceased.

2. Applicable provisions;

(a) Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant B: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act)