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(영문) 광주지방법원해남지원 2019.07.02 2019가단217

구상금

Text

1. The Plaintiff:

A. Within the scope of the property inherited from the net G, Defendant B 45,579,634 won and 11,952

Reasons

1. The facts as indicated in the grounds for the claim after the change in the separate sheet 1 as to the claim for Defendant B, C, D, and E (except for the part related to Defendant F) do not have any dispute between the parties. Thus, within the scope of the property inherited from the network G, Defendant B is obligated to pay damages for delay calculated at the rate of 12% per annum as to the agreed interest rate of 45,579,634 won and 11,952,916 won from January 7, 2019 to the date of full payment or damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 7, 2019 to the date of full payment.

2. Determination as to the claim against Defendant F

(a)the description of the cause of the claim after the change in the attachment No. 2 of the claim (as stated in the part concerning Defendant F);

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

C. The statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, Etc., which was partially amended on May 21, 2019 and enforced on June 1, 2019

3. The conclusion is that the plaintiff's claim is reasonable within the scope of the above recognition, and the remainder (the part claiming damages for delay calculated at the rate of 3% per annum from June 14, 2019 to the day of full payment, which is the day following the last delivery date of the copy of the application for the change of claim and the cause of claim in this case among the claims against defendant B, C, D, and E, and the part claiming damages for delay calculated at the rate of 3% per annum from June 14, 2019 to the day of full payment) is dismissed on the grounds that it is without merit.