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(영문) 대전지방법원 2019.10.16 2019가단9061
대여금 등(시효연장)
Text

1. The Plaintiff:

A. Defendant B’s KRW 174,540,00 and 20% per annum from October 29, 2009 to September 30, 2015.

Reasons

1. Basic facts

A. In around 2009, the Plaintiff filed a lawsuit with the Daejeon District Court 2009Gahap3443 against Defendant B and his husband, stating that “Defendant B and the Deceased shall jointly and severally pay to the Plaintiff the amount of KRW 174,540,000 and the amount of 5% per annum from February 1, 2009 to March 4, 2009 and the amount of 20% per annum from the next day to the date of full payment.”

B. On July 15, 2009, the above court rendered a judgment in favor of the plaintiff, and the above judgment is the same year.

8. 26. Finality was established.

C. On September 2, 2009, the Plaintiff filed an order for the seizure and collection of the deceased’s claims against the Republic of Korea with the Daejeon District Court Decision 2009TTT9823, which had the Republic of Korea as the obligor, and the third obligor, to transfer the provisional seizure to the Republic of Korea as the principal seizure.

9.3 On October 28, 2009, upon issuance of a collection order from the above court, 19,818,609 won was distributed from the Daejeon District Court G distribution procedure.

On the other hand, the Deceased died on May 2, 2013, and on the other hand, Defendant B, his spouse, Defendant C, and D inherited the Deceased with 3/7 shares, 2/7 shares, respectively, and the said Defendants filed a report of inheritance recognition as to the deceased’s inheritance on August 21, 2013, as Suwon District Court 2013DNo. 1369, the said Defendants filed a report of inheritance recognition as to the deceased’s inheritance.

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

2. According to the above facts of recognition as to the cause of the claim, Defendant B shall pay 20% interest per annum from October 29 to September 30, 2015, the amount of KRW 174,540,000 recognized in the Daejeon District Court Decision 2009Gahap343 Decided July 15, 2009 and the amount of KRW 174,540,000, which the Plaintiff seeks from October 29 to September 30, 2015; 15% per annum from the next day to May 31, 2019; and 12% per annum from the next day to the date of full payment. Defendant C and D shall jointly and severally succeed from Defendant B within the scope of their property.

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