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(영문) 대전지방법원 2016.09.02 2015가합3161
양수금
Text

1. The Plaintiff:

A. Defendant A’s KRW 2,00,000,000 and its related thereto from June 16, 2004:

B. The defendant A shall be jointly and severally.

Reasons

1. Basic facts

(a) The Korea Science Foundation (hereinafter referred to as the “Korea Science Foundation”), a foundation, to comprehensively succeed to claims for adjudication money;

On May 28, 2004, the Korea Scientists and Engineers Mutual Aid Association (hereinafter “Korea Scientists and Engineers Mutual Aid Association”) filed a lawsuit with the Seoul Central District Court 2004Gahap40578 against the Technology Lottery Sales Co., Ltd. and the Defendant A and the network I seeking payment of KRW 2,000,000 for lottery sale.

(2) On August 9, 2005, the court rendered a judgment that “The Technology Lottery Sales Co., Ltd., A, and I jointly and severally against the Korea Scientists and Engineers Mutual Aid Association KRW 2,00,000,000, and the Technology Lottery Sales Co., Ltd., Ltd., from July 3, 2004; from June 16, 2004; and from November 11, 2004 to the date of full payment, I would pay 20% interest per annum from November 11, 2004 to the date of full payment.” The above judgment was finalized on September 2, 2005.

3) On June 30, 2008, the Science and Technology Personnel Mutual Aid Association transferred the above judgment claim to the Korea Science and Technology Foundation, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea Science and Technology Foundation pursuant to Article 5 of the Addenda to the Korea Research Foundation Act (amended by March 25, 2009). (b) on April 19, 2014, the deceased spouse J, children K, L, E, and E, who are his/her first-class co-inheritors, died on his/her death on April 19, 2014, and filed a report on the renunciation of inheritance on July 24, 2014.

2) K’s children F and L’s children include the Appointer G, H and E’s children, Defendant (Appointed Party) B and C (hereinafter the Defendant (Appointed Party) and the Appointeds, respectively.

[c] The Plaintiff filed the instant lawsuit for the purpose of the extension of the statute of limitations for the claim for the said judgment amount. [Grounds for recognition] Defendant A: The judgment by public notice (Article 208(3)2 of the Civil Procedure Act: the remainder of the Defendants: the absence of dispute, A’s subparagraphs 1 and 2, and B.

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