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(영문) 수원지방법원 2020.02.26 2019가단529328

대여금(소멸시효중단을위함)

Text

1. The Plaintiff, Defendant B and C, within the scope of their property inherited from the network R (S) and Defendant D, E, and E.

Reasons

1. Basic facts

A. The Plaintiff’s final and conclusive judgment on the Plaintiff’s net T (U.S. District Court Decision 2008Gahap29249, Jun. 25, 2009; hereinafter “prior final and conclusive judgment”): The judgment that “T shall jointly and severally with X pay to the Plaintiff 149,20,000 won and interest thereon at a rate of 24% per annum from December 30, 200 to January 12, 2009, and 20% per annum from the next day to the day of full payment.”

B. Inheritance of the deceased T property) Inheritance due to the deceased (Death on May 2, 2016): Inheritance due to the deceased (spouse) 3/13, network R, Defendant D, F, G (foreign grandchildren), Defendant E- deceased (Death on October 30, 2016): Inheritance due to the deceased (Death on October 30, 2016): Defendant B, C, 1/13(=2/13 x 1/2 x 1/2) deceased (Death on August 14, 2018) (Death on August 14, 2018): Defendant H, I, J, K, L, M, P, Q, Q (Death on May 22, 201) x 1/39 of inheritance x 13/13/13/19 of inheritance x 13/19 of inheritance x 13/19 of inheritance x 1/20 of inheritance net x 13/14/20 of inheritance x 13 (3/1/20) deceased).

2. Plaintiff’s cause of claim: Claim for the payment of the amount equivalent to the Defendants’ respective shares in inheritance and damages for delay thereof out of KRW 30,001,00, which is part of the principal of the judgment in question, for the interruption of extinctive prescription of a prior final judgment.

3. Determination

A. Defendant B, C: 2,307,770 won each of the Defendants’ respective shares of inheritance (=30,001,000 won x 1/13) Defendant D, E, F, and G: 4,615,538 won each (=30,01,000 won x 2/13) Defendant H, I, J, K, K, L, M, P, P, Q: 769,256 won each of them (=30,000 won x 1/39) Defendant N,O: 384,628 won each of them (=30,01,000 won x 1/78)

B. On April 3, 2017, Defendant B, and C received an adjudication to accept a qualified acceptance report on the inheritance of the network R (U.S. District Court 2017Ra166), Defendant D, E, F, and G: on October 18, 2019, the said Defendants received an adjudication to accept a qualified acceptance report on the inheritance of the network T property (U.S. Family Court 2019Mo50851).