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(영문) 부산지방법원 2014.07.17 2013가단232943
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 20,858,426 and KRW 20,530,136 among them:

B. Defendant B and C are Defendant A.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against D and the defendant A with Busan District Court Decision 2003Ra121723, Jan. 19, 2004, "D and the defendant A jointly and severally paid to the plaintiff 20,858,426 won and 20,530,136 won among them, 25% per annum from May 21, 1999 to October 28, 199, 17% per annum from October 29 to November 25, 2003, and 20% per annum from the next day to November 25, 2003." The above judgment became final and conclusive on February 11, 2004.

B. D A deceased on June 29, 2006, and E, the wife, inherited the deceased’s property in 3/7 shares, and Defendant B and C inherited the deceased’s property in 1/2 shares, respectively.

E died on November 24, 2012, and jointly inherited the property of Defendant B and C, a child, at each of the 1/2 equity ratios.

C. The Plaintiff filed the instant lawsuit again for the interruption of extinctive prescription against the claim based on the above judgment.

[Grounds for Recognition: Evidence No. 1-2 and No. 2-1, 2-2, and the purport of the whole pleadings]

2. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff the amount of KRW 20,858,426 and KRW 20,530,136 among the above amounts, and Defendant B and C are jointly and severally liable to pay the amount of KRW 10,429,213 among the above amounts, and KRW 10,265,068 among them, KRW 25% per annum from May 21, 1999 to October 28, 199, KRW 17% per annum from the next day to November 25, 2003, and KRW 20% per annum from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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