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(영문) 서울중앙지방법원 2016.10.07 2014가단5225604
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 53,415,027 and KRW 28,123,80 among them:

B. Defendant (Appointed Party) B, and

Reasons

1. Determination as to the claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to claims against Defendant (Appointed Party) B, Appointed D, E, F (hereinafter “Defendant”) and Defendant C

A. In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 5 and Eul evidence Nos. 1 through 2-2, the facts as stated in the grounds for the claim in the separate sheet, and G, a joint and several surety of defendant A, died on Oct. 20, 2006. Defendant C, his children, filed a report on each of the qualified acceptance of inheritance under the Daejeon Family Court’s Incheon Family Court’s Incheon Family Court’s 2015-Ma978, 2015-Ma978. After the above qualified acceptance, H, a spouse of G, died on Aug. 9, 2015. The defendant C, a successor, filed the report on the qualified acceptance of inheritance under the Seoul Family Court Decision 2016Ra1301, the above reported acceptance of the qualified acceptance, while the non-party C, a successor of G, was confirmed to be exempted by the Incheon District Court’s 200847.7.

B. According to the above findings of the determination, Defendant B, D, E, F, and C, the inheritor of G and H, are obligated to pay damages for delay calculated by the rate of 17% per annum, which is the agreement between July 18, 2014 and Defendant A, the primary debtor, to the Plaintiff within the scope of the property inherited from G and H, and to pay damages for delay at the rate of 4,685,501 won (28,113,05 won interest of KRW 18,975,063 in interest of KRW 18,97,942 in interest of KRW 137,942 in interest of KRW 137,942 in interest of KRW 1/63 in interest of KRW 18,975,063 in interest of KRW 1/63 in interest) and 3,162,510 in interest of KRW 1/6 in full payment from July 18, 2014.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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