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(영문) 서울중앙지방법원 2020.05.07 2019가단5301145

양수금

Text

1. Defendant B shall be paid KRW 21,382,693 to the Plaintiff, and Defendant C shall be paid KRW 14,255,128 to the Plaintiff, respectively, and shall be inherited from the network D.

Reasons

The facts between the Plaintiff and each “the cause of claim” as alleged by the Plaintiff do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 4. However, the Defendants, the inheritor, who died on February 5, 2014, responded to the judgment that they received an adjudication on the inheritance limited acceptance of the deceased’s property. As such, the Plaintiff modified the purport of the claim without raising any objection to the said Defendants’ inheritance limited approval.

Therefore, all of the Plaintiff’s final claim against the Defendants can be accepted.

Conclusion: The plaintiff's winning of the lawsuit (Provided, That with respect to the bearing of the lawsuit costs, it shall be borne individually by considering the process leading to the modification of the purport of the claim