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(영문) 서울남부지방법원 2016.09.21 2015가단243457

구상금

Text

1. The Plaintiff, Defendant A, and Defendant B, within the scope of property inherited from the network C, KRW 8,154,880.

Reasons

1. Facts of recognition;

A. On December 28, 2005, the Suwon District Court sentenced C to the judgment that "C shall pay to the Plaintiff 20,387,200 won with 5% per annum from December 6, 2001 to November 16, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

B. C died on March 28, 2012, and the heir was the Defendant A, the wife, and the son B.

On the other hand, Defendant B filed a claim for a qualified acceptance judgment with the Suwon District Court 2016Ra71 and received a decision on the qualified acceptance.

[Ground for Recognition] Defendant A: The fact that there is no dispute between Defendant B and Defendant B; entries in Gap 1 through 8; the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, Defendant A bears the obligation to pay to the Plaintiff KRW 12,232,320 (=20,387,200 x 3/5 shares), Defendant B bears the obligation to pay to the Plaintiff 8,154,880 won (=20,387,200 x 2/5 shares) and damages for delay calculated at the rate of 5% per annum from December 6, 2001 to November 16, 2005, and 20% per annum from the next day to the date of full payment.

3. Conclusion, the plaintiff's claim is justified and acceptable.