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(영문) 대구지방법원 2018.09.20 2018가단104631
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be jointly and severally with Defendant B in KRW 174,457,920 and KRW 172,81,826 among them.

Reasons

1. The plaintiff asserts as the ground of the claim in this case, as stated in the "Amended cause of claim" attached to the annexed sheet.

2. Since the Defendants did not clearly dispute this and did not appear on the date of pleading, it is deemed that they led to confession of the facts constituting the Plaintiff’s assertion in accordance with Article 150(3) main text and Article 150(1) of the Civil Procedure

Defendant B asserted qualified acceptance of inheritance through a written reply (the receipt dated March 22, 2018) deemed to be a statement on the first date for pleading, but, in that case, the purport was still to dispute the complaint seeking simple performance before the amendment of the Plaintiff’s claim, and the purport was not to dispute the remainder of the Plaintiff’s claim.

In addition, if the plaintiff finally amended the purport of the claim and the written application for amendment of the purpose of the claim and the cause of the claim (which was stated on the third date for pleading) submitted by the plaintiff on August 14, 2018, did not submit any written response.

3. Accordingly, Defendant A, jointly and severally with Defendant B, has a duty to pay to the Plaintiff 174,457,920 won and 172,81,826 won among them, with 172,81,826 won per annum pursuant to the agreement from September 14, 2017 until March 5, 2018, when the duplicate of the complaint of this case was served to Defendant A, and with 15% per annum pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B is jointly and severally and severally liable to pay to the Plaintiff with Defendant A, and the above A is jointly and severally liable to pay to the Plaintiff.

The amount of KRW 174,457,920 and KRW 172,81,826 among them is obligated to pay 172,81,826 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery to Defendant B of the application for modification of the purport of the claim and the cause of the claim of this case (receiving date of August 14, 2018) from September 14, 2017.

Plaintiff

All claims are justified, and all claims are accepted.

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