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(영문) 서울중앙지방법원 2017.04.11 2016가단5107885

구상금

Text

1. The Plaintiff:

A. (1) Defendant A Co., Ltd. from November 6, 2003 to KRW 111,393,075 among them and KRW 111,393,075.

Reasons

1. The facts alleged as the cause of the instant claim and the facts alleged as the cause of the instant claim that Defendant B was inherited by the Seoul Family Court Decision 2016Ra7559 after Defendant B’s death (hereinafter October 17, 2009), and the facts that Defendant C and D received an adjudication for re-approval of re-approval granted by inheritance under the Daegu Family Court Decision 2016Ra2869 after the Plaintiff’s death (hereinafter February 4, 2007) of the deceased H, may be acknowledged by comprehensively taking into account the following facts: (a) there is no dispute between the parties; or (b) there is no evidence between the parties; and (c) evidence Nos. 1, 2, 3; and (d) Nos. 1, 2, 2, 2, and 2

2. According to the above facts of determination, the plaintiff's lawsuit of this case filed for the interruption of extinctive prescription with ten (10) years prior to the expiration of the extinctive prescription period of the claim based on the final judgment has a benefit of protection of rights. (1) As to the 113,560,097 won and the 1111,393,075 won among them, the defendant A shall have a duty to pay 17% per annum from November 6, 2003 to January 6, 2006, 20% per annum from the next day to August 1, 2016, the delivery date of the complaint of this case, and 15% per annum from the next day to the day of full payment, to the day of full payment. < Amended by Act No. 115035, Aug. 1, 2016; Act No. 2420, Mar. 16, 2016; Act No. 10688, Mar. 2, 2006>

3. Conclusion, the plaintiff's claim of this case is justified.