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(영문) 서울중앙지방법원 2016.12.16 2015가단211256
손해배상
Text

1. Defendant B and E shall jointly be the Plaintiff, and Defendant E shall be within the scope of the property inherited from the network G, 56,00.

Reasons

1. Each fact in the separate sheet in which the judgment on the cause of the claim was changed may be acknowledged by comprehensively taking into account the overall purport of the pleadings between the Plaintiff and Defendant B, and the entire purport of the pleadings, based on the following facts: (a) the parties are not in dispute between the Plaintiff, Defendant D, E, and F; and (b) the purport of the entire pleadings.

On the other hand, on March 31, 2016, G died on March 31, 2016, while the lawsuit in this case was pending, and its inheritors are clear in the record that Defendant D, E, and F are themselves, and Defendant D, and F reported the waiver of G’s inheritance, and received an adjudication to accept it from the Incheon Family Court’s father on August 23, 2016, and Defendant E reported the qualified acceptance of the inheritance, and received an adjudication to accept it from the Incheon Family Court’s father on August 30, 2016, by filing a qualified acceptance report on G’s inheritance, Defendant E independently inherited the rights and obligations of G’s property within the scope of inherited property. Defendant B and E jointly have the obligation to pay damages for delay within the scope of their property, and Defendant D and F have the obligation to retroactively lost their status and have no grounds for filing a claim against Defendant D and F.

However, the Plaintiff initially claimed KRW 46,00,000, but expanded the claim amount to KRW 56,000,000 by submitting an application for modification of the purport of the claim for reimbursement of damages as of June 1, 2016, and thus, the Plaintiff so expanded to KRW 10,000,000 as above, the Plaintiff’s claim for damages exceeding 15% per annum under the Civil Act from the day following the day when the original copy of the payment order was served until the day when the copy of the application for modification of the claim for payment demand was served on June 1, 2016.

Ultimately, Defendant B and E are jointly owned by the Plaintiff, and Defendant E is within the scope of the property inherited from the network G, and 56,00.

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