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(영문) 부산지방법원 2016.04.01 2015가단233247
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 41,564,931 won and its related amount from October 20, 200 to May 31, 2005.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1, 2, and Eul evidence 1 (including branch numbers), with a comprehensive view to the whole purport of the pleadings. (a)

The plaintiff filed a lawsuit against the defendant A Co., Ltd. (hereinafter "A") and the defendant, Busan District Court Decision 2005Da85425, Oct. 28, 2005, "A and F shall jointly and severally pay to the plaintiff 41,564,931 won and its 18% per annum from October 20, 200 to May 31, 2005; 15% per annum from the next day to September 2, 2005; and 20% per annum from the next day to the day of complete payment." The above judgment became final and conclusive around that time.

B. After that, on August 2, 2008, F died with Defendant D and E, the spouse of the Defendant C and his/her children, as the inheritor.

C. Accordingly, on September 22, 2008, Defendant C, D, and E filed a report on the inheritance limited approval with the Busan District Court Family Branch Branching 2008 D, which was subject to the repair trial on October 10, 208.

On the other hand, on September 30, 2015, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of claims based on the said final judgment.

2. According to the above facts of recognition, upon the plaintiff's request for the interruption of prescription of a claim based on the above judgment, the defendant A is jointly and severally liable with the defendant C to pay 17,813,541 won (=41,564,931 won x 3/7 of statutory inheritance; hereinafter the same shall apply), defendant D and E to 11,875,694 won (= 41,564,931 won x 2/7 of statutory inheritance x 41,564,931 x 2/7) and each of the above money within the scope of the property inherited from the deceased F to the 41,564,931 won and 18% per annum from the day following October 20 to May 31, 2005, and 205 to September 25, 2005, respectively.

3. The plaintiff's claim is reasonable, and all of them are accepted.

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