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(영문) 인천지방법원 2016.12.15 2015가합57672

양수금

Text

1. The Plaintiff:

A. Defendant A, B, C, and D shall be jointly and severally liable for KRW 500,000,000 and the aforementioned amount. < Amended by Act No. 14305, Dec. 1, 2016>

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against Defendant A, B, C, D, and deceased H as Seoul Central District Court Decision 2005Gahap1594 on the claim for the acquisition amount.

B. On April 13, 2006, Seoul Central District Court jointly and severally held with the Plaintiff, 7,752, 337,890 won and 2,378,213,035 won and 4,808,379,500 U.S. dollars from November 16, 2004 to 19% per annum until January 5, 2006; 20% per annum from January 6, 2006 to the day of full payment; 30% per annum from January 6, 2006 to the day of full payment; 30% per annum from April 9, 2005 to the day of full payment; 20% per annum from April 10 to 205 to the day of full payment; 30% per annum from March 25, 2005 to the day of full payment; and 30% per annum from March 20, 2005 to the day of full payment.

C. On November 3, 2006, the Seoul Central District Court rendered a partial judgment that "The defendant D shall pay to the plaintiff 7,752,337,890 won and 2,378,213,035 won out of the above amount, and USD 4,808,308,308.52 of the above amount and USD 2,379,50 of the above amount, respectively, 19% per annum from November 16, 2004 to August 8, 2005, and 20% per annum from August 9, 2005 to the date of full payment" (Seoul Central District Court Decision 2005Ga1594). The above judgment became final and conclusive.

(hereinafter referred to as “the final and conclusive judgment of this case” in combination with the above final and conclusive judgments.

The network H died on November 6, 2010, and the Defendant D, E, F, and G, a child, filed a request for a trial on inheritance limited recognition with the Incheon District Court 201Mo209 on January 31, 201, and the said report was accepted on March 31, 2011.

[Ground of recognition] As to Defendant 1, 2, 3, 5, and 6: A (the main text of Article 150(3) and (1) of the Civil Procedure Act) as to the assertion of confession (the main text of Article 150(3) and (1)