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(영문) 서울중앙지방법원 2020.04.21 2019가단33850

구상금 청구의 소

Text

1. The Defendants jointly and severally paid KRW 34,558,952 to the Plaintiff, but Defendant H inherited property from the deceased J.

Reasons

1. Defendant C Co., Ltd, D, E, F, G

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

(b) Claim against Defendant C Co., Ltd, D, or F: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2) on the claim against Defendant E and G: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);

2. Claim against Defendant H

A. In full view of the facts stated in the evidence Nos. 1 through 5 of the judgment as to the cause of the claim, Defendant H is jointly and severally liable with the remaining Defendants to pay KRW 34,558,952 to the Plaintiff, barring any special circumstance.

B. As to the determination of Defendant H’s assertion, Defendant H asserts to the effect that Defendant H had the obligation to repay within the scope of the property inherited from the GJ, and comprehensively taking account of the entire purport of the pleading in the statement in subparagraph 1 of this Article, Defendant H may be recognized as having received an adjudication on acceptance of a fixed-term grant inheritance by the Chuncheon District Court Branch Decision 2016D-22 on April 18, 2016. As such, Defendant H is jointly and severally liable to pay the remaining Defendants and the Plaintiff the money indicated in the order within the scope of the property inherited from the GJ.

3. The plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition by citing the plaintiff's claim.