beta
(영문) 서울중앙지방법원 2020.05.07 2020가단5017071

양수금

Text

1. The Plaintiff:

A. Defendant B and Defendant C are jointly and severally 643,087,042 won and 91,369,401 won among them.

Reasons

1. As to Defendant B and Defendant C

A. The grounds for the attachment to the indication of the claim (Provided, That the “creditor” is “Plaintiff”, and the “debtor” is “Defendant”) and the corresponding part of the cause of the change are as indicated in the attachment to the claim.

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff’s ground for claim against Defendant D and Defendant E (However, “creditor” is “Plaintiff,” “debtor” is “Defendant,” and “debtor” is “Defendant,” and there is no dispute between the parties as to the corresponding part of the cause of claim, but the Defendants inherited the property following the death of the F on December 23, 2016. The Defendants responded to the purport that the Defendants received an adjudication on the inheritance limited recognition of the deceased’s property (Ulsan Family Court 2020Mo405). The Plaintiff modified the purport of claim without raising an objection to the inheritance limited recognition.

Therefore, the plaintiff's final alteration claim against defendant D and defendant E can be accepted without dispute between the parties.

3. The plaintiff's winning of the conclusion (However, regarding the burden of litigation between the plaintiff, defendant D, and defendant E, the burden of each party shall be borne in consideration of the process leading to the modification of the purport of the claim