대여금 등 청구의 소
1. The Plaintiff:
A. Defendant B Limited Partnership Company, C, and D shall be jointly and severally paid KRW 110,311,142, and Defendant D shall be deceased.
1. Facts of recognition;
A. The Plaintiff was ordered to pay the amount of KRW 10,311,142 jointly and severally with Defendant B Limited Partnership (hereinafter “Defendant Company”), C, I, and J (Seoul Central District Court 2009 tea 41924), and “The Defendant Company, C, I, and J shall pay KRW 229,148,571 jointly and severally with the Plaintiff.”
B. The above payment order was finalized on May 15, 2009 for I, and on May 14, 2009 for J respectively.
(hereinafter referred to as “instant payment order”) c.
Of the above payment order, the part against Defendant Company and C was submitted to the litigation procedure due to impossibility of service.
(Seoul Central District Court 2009Kadan301356). On November 10, 2009, the above court sentenced to the judgment "110,311,142 won jointly and severally with I, the defendant company, C, I, and C, and 229,148,571 won jointly and severally with I, and the above judgment was finalized on December 1, 2009."
(hereinafter “instant judgment”) D.
The J died on March 21, 2010 (hereinafter “the deceasedJ”), Defendant E, Defendant F, G, and H (hereinafter “Defendant E”) succeeded to the deceasedJ.
Defendant E, etc. was adjudicated to accept a special inheritance approval on September 25, 2019.
(J) Sung-nam Family Court Branch 2019 Haak 200443). e.
I died on May 19, 2016 (hereinafter “the network I”), and Defendant D succeeded to the network I.
Defendant D was tried to accept an inheritance limited acceptance on September 6, 2016.
(Seoul Family Court Decision 2016D 2016-Ma5977) / [Grounds for recognition] Defendant Company, C, and D: Statement of Confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant E: The absence of dispute, Gap’s 1, 2, Eul’s 1, and 2, and the purport of the whole pleadings, and the purport of the whole pleadings.
2. Where a party to whom a final and conclusive judgment in favor of the judgment on the cause of the claim has been rendered files a new suit against the other party for the same claim as that of the final and conclusive judgment in favor of the other party, the subsequent suit is unlawful as
However, exceptional cases are the same.