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(영문) 울산지방법원 2020.02.19 2018가단21936

대여금

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 11,525,630 as well as 25% per annum from March 24, 2001 to the date of full payment.

Reasons

1. Basic facts

A. E had children between Defendant B, Nonparty F (hereinafter “F”), Nonparty G (hereinafter “G”), Defendant C, and Nonparty H (hereinafter “H”) as his wife.

E died on August 27, 1995

(hereinafter referred to as “E”). (b)

The plaintiff filed a lawsuit against the Defendants, D, etc., who are co-inheritors of the network E, with the content of claiming the performance of the liability for reimbursement against the network E. The Busan District Court rendered a judgment on September 2, 1997 that "D shall be 23,076,923, Defendant B, F, G, C, and H shall be 15,384,615 won, and each of the above money shall be 5% per annum from February 3, 1997 to September 2, 1997; 25% per annum from the next day to September 2, 1997; 30% per annum from the next day to 25% per annum; 309,000,000 won per annum 15,000,000 won per annum 297,000,000 won per annum 97,000,0000 won per annum 197,57, respectively.

On November 2, 2018, the Plaintiff filed the instant lawsuit against the Defendants for the extension of the prescription period for the claim for the judgment of 2007dan101284.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination as to the claim against the defendant B

A. The plaintiff's summary of the plaintiff's assertion is that the original claim based on the judgment from the defendant B, 97Gahap5010 is subject to the attachment and auction price of the movable property in the Changwon District Court of Nov. 11, 1997.