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(영문) 서울중앙지방법원 2017.04.28 2015가단5376721

양수금

Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 122,296,467 and KRW 28,655,094 among them. < Amended by Act No. 1320, Dec. 4, 2015>

Reasons

Attached Form

The facts identical to the description of the cause of the claim and E died on December 26, 2014, and there was Defendant C, ASEAN, the wife of which, and the heir, and the facts that Defendant C, and D obtained an inheritance limited recognition on November 11, 2016 by the Incheon Family Court under the Incheon Family Court Ordinance No. 2016-Ma2313 on November 11, 2016 may be recognized by taking account of the overall purport of the pleadings between the Plaintiff, Defendant A, C, and D, or by taking into account the overall purport of the pleadings, and between the Plaintiff and the Defendant B, it shall be deemed that the said Defendant was led to confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant A is liable to compensate the Plaintiff for delay at the rate of 17% per annum from December 4, 2015 to the date of full payment, with respect to the principal amount of KRW 122,296,467 and the principal amount of KRW 28,65,094 among them, Defendant A is liable to compensate for delay at the rate of KRW 17% per annum from December 4, 2015 to the date of full payment; Defendant B is jointly and severally liable to compensate for the principal amount of KRW 11,637,234 and the principal amount of KRW 21,787,541 among the amounts described in paragraph (1) of the aforesaid Article; KRW 257; KRW 175% per annum from December 4, 2015 to the date of full payment; KRW 28,570; KRW 381,647,781 and KRW 14757; KRW 475,781,757 among the total inheritance shares of Party E.

Thus, the plaintiff's claim against the defendant A, B, and C and the above recognition scope against the defendant D is within the scope of recognition.