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(영문) 창원지방법원진주지원 2015.06.25 2014가단11754
대여금
Text

1. The Defendants are jointly and severally and severally engaged in Plaintiff (Appointed Party), Appointed D, E, and F, respectively, KRW 8,181,818, and KRW 12,272.

Reasons

1. On August 18, 2005, the court issued a payment order against the Defendants under the Changwon District Court Jinju Branch Order No. 2005Ka4408, which stated that “the Defendants jointly and severally pay to H 45 million won and 24% interest per annum from August 15, 1995 to the day of full payment.”

The above payment order was finalized on October 29, 2005.

H died on December 16, 2012 and succeeded to the rights and obligations of H by their wife and children (appointed parties) and by their designated parties.

Therefore, the Defendants should jointly and severally pay 8,181,818 won (i.e., KRW 45,00,000 x less than KRW 2/111 in inheritance x less than KRW 2/11 in inheritance x less than KRW 12,272,727 won (= KRW 45,000,000 x 3/11 in inheritance x 3/11 in inheritance) to the Selection, and each of them should pay the amount calculated at the rate of 24% per annum from August 15, 1995 to the day of full payment.

Since the extinctive prescription of a claim established by the above judgment is imminent, the Plaintiffs seek payment of the above claim against the Defendants for the interruption of extinctive prescription.

2. Defendant B: Judgment deemed to be a confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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