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(영문) 수원지방법원 성남지원 2018.01.09 2016가단27428
대여금
Text

1. The Plaintiff:

A. Defendant B, Defendant C, and Defendant D shall be jointly and severally and severally liable for KRW 22,100,000, and they shall be jointly and severally liable for any of them from August 24, 2006.

Reasons

1. Basic facts

A. On July 26, 2006, the Plaintiff filed a lawsuit against Defendant B, Defendant C, Defendant D, and the network H (hereinafter “the deceased”) seeking a bill payment under the Suwon District Court’s Sungnam Branch 2006Kadan19794, and was sentenced to the above court’s judgment that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 22,100,000 and the amount of money calculated at the rate of 20% per annum from July 2, 2006 to the date of full payment.” The above judgment became final and conclusive on September 7, 2006.

B. On November 1, 2017, the heir of the deceased was adjudicated on the qualified acceptance of the application for the qualified acceptance at the Jung-gu District Court on the purport that there was Defendant D, Defendant E, Defendant F, and Defendant G, and that Defendant E, Defendant F, and Defendant G would accept the application for the qualified acceptance with the decedent as the decedent.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. In this case, Defendant B, Defendant C, and Defendant D are jointly and severally liable to pay to the Plaintiff 22,100,000 won and 20% interest per annum from August 24, 2006 to the date of full payment, as sought by the Plaintiff, within the scope of the text of the above final judgment.

B. On the other hand, Defendant E, Defendant F, and Defendant G filed a claim against the deceased, and as seen earlier, Defendant E, Defendant F, and Defendant G were subject to a qualified acceptance trial with the deceased as the deceased, the said Defendants are jointly and severally with Defendant B, Defendant C, and Defendant D within the scope of the property inherited from the deceased.

Of the money stated in paragraph (1), 4,911,111 won and 20% interest rate per annum shall be paid from August 24, 2006 to the date of full payment.

3. If so, the plaintiff's claim against the defendants is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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