beta
Text
1. The Plaintiff:
A. As to Defendant A Co., Ltd, and C and B, the amount of KRW 231,247,470 and KRW 230,532,450 among them.
Reasons
1. Defendant A, C, and B
(a) Indication of claims: To be as shown in the reasons for the claims;
(However, Defendant E died before the instant lawsuit was filed and became Defendant D to correct the indication of the party. The part against Defendant D is separate below).
Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)
C. Partial dismissal: (a) the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter “Promotion Act”) were promulgated on September 25, 2015 and enforced from October 1, 2015; (b) thereby recognizing only 20% per annum from the day following the delivery date of the duplicate of the complaint of this case until September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment; and (c) the excess portion is dismissed.
2. Defendant D;
A. The fact that the judgment network E on the cause of the claim provided joint and several surety for the obligation indicated in the annexed sheet that Defendant A corporation owes to the Plaintiff, and the fact that Defendant D’s sole heir of the deceased E ( Nonparty F, co-inheritors, renounced inheritance, and the Plaintiff waived the lawsuit against F) is not disputed between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in each statement (including the serial number if any) set forth in Party A1 through 6 (including the serial number).
Therefore, Defendant D is liable to perform the joint and several liability as the heir of the network E, unless there are other special circumstances.
B. Defendant D’s defense asserted that Defendant D is responsible for the performance of the above joint and several liability obligations only within the scope of the property inherited from the network E, since the qualified acceptance was made on the inheritance of the property of the network E.
Therefore, the Seoul Family Court rendered a decision to accept the Defendant D’s report of qualified acceptance of the deceased E’s inheritance on July 22, 2014 and the above court.