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(영문) 서울북부지방법원 2017.10.18 2017가단116217
구상금
Text

1. The Plaintiff, Defendant A, Defendant C, Defendant C, KRW 12,711,11, and each of the said money from April 21, 2004 to April 21, 2004.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed a lawsuit against Eul on December 6, 2006 against Changwon District Court 2006Da60574 claim, and decided on December 6, 2006, "E shall pay to the plaintiff 57,200,000 won per annum from April 21, 2004 to September 29, 2006, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on December 27, 2006, Eul filed a lawsuit on October 4, 2016 with the defendant Eul and his children, the spouse of the defendant Eul, C, D, and the defendant Eul and its children, as her children, for the extension of the extinctive prescription period of inheritance claim No. 161, Dec. 27, 2016.

According to the above facts of recognition, Defendant A and C, who did not waive inheritance, are obligated to pay to the Plaintiff KRW 34,320,000 ( KRW 57,200,000 x 3/5), Defendant C is obligated to pay the Plaintiff KRW 22,880,00 ( KRW 57,200,000 x 2/5) and delay damages, and Defendant B and C are not obligated to pay to the Plaintiff the inheritance liability according to the above final judgment.

However, without reflecting such renunciation of inheritance notwithstanding the above, the Plaintiff maintains the purport of the claim against all the Defendants based on the previous statutory share of inheritance. As so, as the Plaintiff seeks, Defendant A shall pay to the Plaintiff 19,066,667 won (57,200,000 won x 3/9), Defendant C shall have 12,71,111 won (57,200,000 won x 2/9) and each of the above money to the Plaintiff, 5% per annum from April 21, 2004 to September 29, 206, and 5% from the following day.

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