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(영문) 대전지방법원공주지원 2015.06.25 2014가단2869 (1)

유류분 청구

Text

1. The Defendant: (a) KRW 5,862,120 to the Appointor C; (b) KRW 3,908,080 to the Plaintiff (Appointed Party); and (c) to the Appointor D, E, F, and G, respectively.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff partially dismissed the Plaintiff claimed damages for delay from the date of delivery of the duplicate of the instant complaint, but the obligation to return the forced portion is liable for delay from the date following the day on which the obligation to return was demanded for performance (see Supreme Court Decision 2010Da42624, 42631, supra). There is no evidence suggesting that the Plaintiff sought the return of the shortage in the forced portion against the Defendant prior to the delivery of the duplicate of the instant complaint.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 3, 2015 to June 25, 2015, which is the date of the judgment of this case, and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the day on which the Plaintiff requested performance through the delivery of the duplicate of the complaint of this case, and that the Defendant shall pay damages for delay calculated from May 3, 2015 to June 25, 2015, which is the day of this judgment.