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(영문) 대구지방법원 2020.02.14 2019가단18195
대여금 등
Text

1. The plaintiff

A. Defendant B Co., Ltd. is from May 9, 2009 to KRW 8,577,482,630 and KRW 768,258,820 among them.

Reasons

In light of the facts without dispute, Gap evidence Nos. 1 and 2 as a whole, the purport of the entire pleadings is as follows: ① The plaintiff filed a lawsuit against defendant B Co., Ltd. (hereinafter referred to as the "Defendant Company"), the network E (Death on March 27, 2015), and the defendant D with loans, etc. under the court No. 2009Ga31045, Sept. 30, 2009. The defendant Co., Ltd. pays to the plaintiff the amount calculated at the rate of 8.5% per annum from May 9, 2009 to the date of complete payment.

2. Within the limit of KRW 70,387,200,000, E and Defendant D were sentenced to a “payment of the money under the above Paragraph (1) jointly with the Defendant Company.” The above judgment became final and conclusive, ② the remaining inheritors, other than Defendant C, of the deceased E, were adjudicated to accept the declaration of renunciation of inheritance under the Daegu Family Court Decision 2015Ra10065, and Defendant C received the adjudication to accept the declaration of renunciation of inheritance under the Daegu Family Court Decision 2015Ra10066.

Comprehensively taking account of the above facts of recognition, Defendant B Co., Ltd. paid the amount of KRW 8,577,482,630 and KRW 768,258,820 among them at the rate of 8.5% per annum from May 9, 2009 to the date of full payment, and ② Defendant C and D shall be jointly and severally paid with Defendant B within the limit of KRW 70,387,200,00, and Defendant C shall be liable to pay the amount within the limit of the property inherited from the network E.

The plaintiff's claim of this case is accepted on the grounds of all.

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