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(영문) 부산고등법원 2019.01.30 2017나58659
대여금
Text

1. Paragraph (2) shall apply to the judgment of the first instance by taking over the lawsuit of the Defendants and the Plaintiff’s reduction of claims in this court.

Reasons

The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as set forth in the following paragraph (2). Thus, this is accepted by the main text of Article 420 of the Civil Procedure Act. The part which is dismissed or added is based on “1. Basic Facts” 2.

The first head of the port “Defendant” is dismissed as “the deceased on August 4, 2017, which was after the date of the closing of the first instance trial,” and the “Defendant” in the “reason” in the first instance judgment is respectively dismissed as “the deceased.”

The second sentence of the judgment of the court of first instance added the following contents to the “1. Basic Facts,” and add “B evidence 7” to the “(based on recognition)” column.

“C. B died on August 4, 2017, which was after the date of the closing of argument in the first instance trial. From among the deceased’s lineal descendants, lineal descendants, siblings, and first-class collateral blood relatives within the fourth degree, the Defendants, who did not waive inheritance, jointly succeeded to the shares of 1/3, respectively. D. The Defendants were subject to a trial on approval of the fixed amount inherited by the Ulsan Family Court No. 201025 on September 20, 2018. The Defendants were subject to a trial on approval of the fixed amount inherited by the Defendants on September 20, 2018, from the seventh 18th to the eighth 3th day of the first instance judgment.”

"Therefore, the plaintiff, the co-inheritors of the deceased, and the defendants, the co-inheritors of the deceased, are 100,013,58 won [=30,040,765 won (the sum of the principal of the lease and the damages for delay already incurred) x inheritance share 1/3, and less than won] within the scope of the property inherited from the deceased, and on September 20, 2016 [as for the principal of the loan, the damages for delay shall be from September 20, 2016, the day following the day on which the copy of the complaint of this case was delivered to the deceased, as requested by the plaintiff, and on September 20, 2016, the starting date of the damages for delay shall be from September 20, 2016, the day following the day on which the deceased claimed for the payment of damages

From January 30, 2019, the defendants' defense as to the existence and scope of the duty of performance is a significant decision of the court.

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