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(영문) 광주지방법원 해남지원 2018.09.04 2018가단200577

구상금

Text

1. The plaintiff

A. Defendant A shall not exceed 41,822,498 won and 20,384.

Reasons

1. After changing the attachment of the judgment on the claim against the defendant A, C, D, and E, each of the facts in the cause of the claim may be acknowledged by adding the whole purport of the pleadings to the entries in the evidence Nos. 1 to 12, or there is no dispute between the parties.

On the other hand, on May 3, 2018, the Defendants reported the inheritance limited recognition on May 3, 2018, which was after the death of the net F (hereinafter “the deceased”), by the Gwangju Family Court Branch of the Gwangju Family Court 2018Ra107, and the report was accepted on July 5, 2018, there is no dispute between the Plaintiff and the Defendant E, and the remainder of the Defendants are the Plaintiff.

Therefore, within the scope of the property inherited to the Plaintiff, Defendant A has an obligation to dispute as to KRW 41,822,498 and KRW 20,384,642 from January 30, 2018 to September 4, 2018, which is deemed reasonable for Defendant A to dispute about the existence and scope of the obligation to perform from January 30, 2018, and to pay damages for delay calculated at the rate of 12% per annum per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and 15% per annum as to KRW 27,881,65 and KRW 13,589,761 of these amounts, which are deemed reasonable for the Defendants to dispute over the existence and scope of the obligation to perform, as to KRW 15% per annum from the next day of this judgment until September 4, 2018.

Thus, the plaintiff's claim against the above defendants is justified within the scope of the above recognition, and the remainder is without merit, and it is dismissed.

2. Determination as to the claim against the defendant B

(a)the reasons for the claim are as follows:

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;