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(영문) 서울동부지방법원 2017.02.03 2014가단8203

손해배상(기)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Defendant’s mother-child E, along with F, operated the “G” as the husband from around 1995, with the manufacture and wholesale chain of wood clothes, and closed down around November 15, 2010. Nonparty H, since around 1998, was in charge of accounting and fund management in G operated by E, etc., and retired from G around June 2008.

B. On September 10, 2013, the Plaintiff’s inheritance relationship with H and I (1) succeeded jointly to (3) the Plaintiff’s spouse, C, and D, who are his/her spouse, due to death on September 10, 2013.

(2) On November 2, 2010, Nonparty I died, and accordingly, Nonparty J and Nonparty K, L and M, his spouse, jointly inherited.

C. A claim suit, such as agreed money between H and H, and H, filed a lawsuit against E and F with the Seoul Central District Court 2008Gahap122072, and the above court rendered a judgment on February 11, 2010 that “E and F jointly and severally shall pay 80,000,000 won and the rate of 20% per annum from December 13, 2008 to the date of full payment, and 26,404,863 won and the amount calculated at the rate of 20% per annum from December 13, 2008 to the date of full payment (hereinafter “H’s claim”).

(2) Accordingly, while E and F appealed from Seoul High Court 2010Na41432, the above court dismissed the appeal of E and F on September 21, 201, and the above court rendered a judgment of the appellate court that "E and F shall jointly and severally pay to J 17,77,777,78 won and 20% interest per annum for each of them from December 13, 2008 to the day of full payment (hereinafter "one claim under the decision of the appellate court of this case") on the ground that they succeeded to the lawsuit of J, K, L, and M against their successors after the death of I, and that the above judgment became final and conclusive after the final judgment of the appellate court.

The claim for the return of loans between H and E (1) H shall return loans against E by Suwon District Court 2009Da32979.