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(영문) 창원지방법원 진주지원 2018.09.06 2017가단37405
추심금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant was a village in which 49 households located in Sacheon City C have resided.

The plaintiff is residing in the defendant village.

The relocation was made to Gyeongnam-gun, Gyeongnam-gun.

B. The Defendant entered into a contract to move to another place between Y&D Co., Ltd. (hereinafter “Y&D”) and village residents.

The defendant distributed moving expenses and land compensation received from Jeong T&D to village residents.

C. The Plaintiff suffered damages of KRW 350 million to the Defendant with the network D, network E (Death on September 27, 2009), F, network G and joint tort. The Plaintiff paid KRW 398,163,934, which is the full principal and interest of the damage liability, to the Defendant.

Accordingly, the Plaintiff filed a lawsuit seeking reimbursement against the heir N, K, L, M and net heir N,O, P, and Q, from the heir of the N, K, L, M and network E, P, and Q, under the Changwon District Court 2015Ga1611. On November 9, 2016, the said court rendered a judgment of the first instance court to the extent of the property inherited from the network D’s KRW 13,272,131, K, L, M, 848,08,000, KRW 39,816,393, KRW H, KRW 23,89,836, KRW 15,57, KRW 15,000, KRW 15,926,57, KRW 15,000, KRW 15,000, KRW 465,005, KRW 365,00,005, KRW 16,365,05,000.

After that, in the appellate court that filed by the Defendants in the foregoing case, the Busan High Court (original Court) rendered the Plaintiff with 2016Na25372, June 15, 2017, and the part of the Plaintiff’s winning in the judgment of the court of first instance among the judgment of the court of first instance rendered on June 15, 2017, F shall not exceed 33,950,684 won, and J shall not exceed 11,316,894 won, K, L, and M shall not exceed 7,54,596 won, and N shall not exceed 45,267,579 won, O, P, and Q shall not exceed 30,178,386 won, and shall not exceed 5% per annum from the date following the date of December 7, 2015 to June 15, 2017 to the date of full payment.

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