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(영문) 서울중앙지방법원 2020.04.22 2018가단5179273
구상금
Text

1. The defendant shall within the scope of the property inherited from the deceased B, and KRW 33,769,905 and 33,645 among them.

Reasons

1. The relevant part of the grounds for filing a claim for recognition shall be as specified in the attached Form;

(C) An action has been withdrawn. [The grounds for recognition: Facts without dispute, Gap's evidence 1 to 5, Eul's evidence 1, the purport of the whole pleadings]

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 3,769,905 won and 33,645,071 won among them within the scope of the property inherited from the network B and to pay damages for delay calculated at the rate of 12% per annum from December 9, 2016 to December 10, 2019, the delivery date of the copy of the claim and the application for change of the cause of the claim as of December 27, 2018, which is the date of delivery of the duplicate of the claim as of January 10, 2019, from the next day to May 31, 2019, and from the next day to the date of full payment.

(3) The plaintiff's claim is dismissed since the legal interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 12% per annum from June 1, 2019, since the legal interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 15% per annum from the day after the delivery date of the copy of the complaint of this case to the day of full payment. However, it is reasonable that the defendant claims against the payment of damages for delay calculated at the rate of 15% per annum from the day after the delivery date of the copy of the complaint of this case to the day of full payment. The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is so decided as per Disposition.

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