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(영문) 서울중앙지방법원 2015.10.30 2014가단5087505

양수금

Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 61,91,431 and KRW 21,189,01 among them from March 19, 2014.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant D and F

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. Comprehensively taking account of the overall purport of the pleadings as to the statements (including branch numbers) Nos. 1 through 6 and Nos. 1 through 5 against Defendant B, C, and E, the following facts: (i) the grounds for the attachment claim and G, a joint and several surety of the Defendant A, died on June 5, 2006; (ii) the heir was the spouse H (3/15) and his/her child, and (iii) the heir was the Defendant B, C, C, F, A, and D (2/15, respectively), and (iii) the Defendant B, C, and E filed a request for adjudication on inheritance of the deceased’s deceased’s G property with the Seoul Family Court Decision 2012Ra10874, Dec. 24, 2012; and (iv) the above report was accepted on the inheritance of the deceased’s deceased’s G property on March 7, 2013; and (iii) the heir was deceased on June 18, 2016, the Seoul Family Court.

Therefore, Defendant B, C, and E are jointly and severally liable to pay 4,045,983 won (=30,344,879 won x 2/15 x less than won; hereinafter the same shall apply) and 952,032 won (=7,140,247 won x 2/15 x less than won; hereinafter the same shall apply) among the money recognized under the above 1.1. from March 19, 2014 to the day of full payment, each of which is calculated at the rate of 17% per annum from March 19 to the day of full payment.

In addition, Defendant B, C, and E within the scope of property inherited from the deceased H, and 1,01,495 won (=6,068,975 won = 6,068,975 won x 3/15) x 1/6 x 238,008 won = 1,428,428.