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(영문) 서울동부지방법원 2013.10.30 2012가합4877

정산금

Text

1. Each claim listed in the table Nos. 2, 7, 10, 12, and 13 against the plaintiff of the defendants and the attached table Nos. 9 against the plaintiff.

Reasons

1. Facts of premise;

A. The Plaintiff and the Defendants are five children of the networkF, and F Co-inheritors.

B. After the death of F, the Plaintiff and the Defendants shared the inherited property as equity after the death of F, with an account (Account G and H) opened in the name of Defendant B in the National Bank of Korea, and have spent taxes on inherited property, interest on the right to collateral security established on inherited real estate, and other property management expenses (hereinafter “joint expense account”).

The Plaintiff filed a lawsuit against the Defendants in relation to the partition of co-owned property as to the inherited property, Seoul Eastern District Court 2010Kahap13198, and the trial process of the instant case was conducted to appraise the market price of inherited property and determine the amount of related debts, and on February 21, 2012, the conciliation was concluded on February 21, 2012, that “The Defendants are jointly and severally liable to pay KRW 4,610,000 to the Plaintiff as the settlement amount arising from the partition of co-owned property, and the payment is postponed until the existence of each claim as indicated in the attached Table against the Plaintiff by the Defendants’ assertion is confirmed through a separate litigation procedure.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, 11, 12, 13, Eul evidence 11, and the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that the Defendants were refusing to pay KRW 4,610,00,00 according to the above adjustment, despite the absence of each claim stated in the attached Table, and that each claim did not exist, the Defendants did not have any above claim against the Defendants.

3. Determination

A. In full view of the following facts: (a) the existence of each claim described in [Attachment 1-4 Nos. 1-1-7 of evidence 2-2; (b) the entry of evidence Nos. 11; and (c) part of evidence Nos. 6-2 and 8; and (c) the entire pleadings, around 2004, the corporation I and the J, a shareholder of the said company, have served as a director of the said company.