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(영문) 대전지방법원 2018.07.04 2018가단205558

구상금

Text

1. The Plaintiff:

A. As to Defendant A, B, and C, each of the amount of KRW 6,66,66,66 and each of the said amounts, from September 21, 2007 to July 31, 2008.

Reasons

1. Determination as to the claim against the defendant A, B, and C

(a) Indication of claims: Each description of the causes for claims and the changed causes of claims; and

(b) Defendant A, C: Article 208(3)3 of the Civil Procedure Act; Defendant B: Article 208(3)2 of the Civil Procedure Act;

b. Claim against Defendant D, E, and F

A. Basic facts 1) The Plaintiff filed a suit for claim for reimbursement with the Daejeon District Court 2007Kadan60803 against the Dong G around 2007. The above court decided on June 25, 2008 that “the Defendant shall pay to the Plaintiff KRW 40,000,000 until July 31, 2008. If the Defendant fails to pay the above amount by the payment date, the Defendant shall pay the unpaid amount plus the damages for delay calculated at 20% per annum from the date following the payment date until the date of full payment.” The above decision of recommending settlement was finalized on July 17, 2008, which became final and conclusive on February 24, 2016, which became final and conclusive on July 17, 2008. The Defendants died, among the Defendants, Defendant D, E, and F filed a report with the Daejeon Family Court on inheritance on April 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of determination as to the cause of the claim, since the above Defendants offered qualified acceptance as to the inheritance of the net G’s property, they are obligated to perform the net G’s obligations within the limit of the property inherited from the network G by the court of Daejeon District Court 2007Kadan60803, which became final and conclusive in the case No. 2007GaGa60

Therefore, Defendant D, E, and F shall be KRW 6,66,66 (i.e., KRW 40,000 x 1/6) and 5% per annum from September 21, 2007 to July 31, 2008, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until September 30, 2015.