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(영문) 서울중앙지방법원 2020.07.03 2019나32636
어음금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On August 21, 1998, the Plaintiff filed a lawsuit against E with the Seoul Central District Court 98 Ghana645719, and on October 9, 1998, the above court rendered a judgment that “E shall pay to the Plaintiff the amount of KRW 17,80,000 and the amount calculated at a rate of 6% per annum from July 1, 1998 to August 26, 1998, and 25% per annum from the next day to the date of full payment,” and the above judgment was finalized on November 7, 1998.

(hereinafter “Final Judgment of the previous suit of this case”). (b)

On June 13, 2008, the Plaintiff filed a lawsuit against E with the Seoul Central District Court 2008Gaso15946, supra, for the interruption of the extinctive prescription period of the Promissory Notes amounting to KRW 17,800,000 based on the final and conclusive judgment of the instant previous suit and the damages for delay thereto (hereinafter “instant amount and damages for delay”).

On June 25, 2008, the above court made a decision of performance recommendation with the same content as the final and conclusive judgment of the previous suit of this case, and the above decision of performance recommendation was finalized on July 16, 2008.

C. E (hereinafter “the deceased”) died on April 20, 2017, and his/her heir is Defendant C and D, who is the spouse of Defendant B and his/her child.

On July 13, 2018, the Plaintiff applied for the instant payment order for the interruption of the extinctive prescription of the instant bill.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 10 and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the deceased is obligated to pay the Plaintiff the sum of KRW 17,800,000 for the Promissory Notes and damages for delay thereof. The Defendants, as co-inheritors of the deceased, inherited the obligations of the Promissory Notes according to their respective statutory shares in inheritance, barring any special circumstance, are obligated to pay the amount of the Promissory Notes and damages for delay thereof to the Plaintiff per each inheritance share.

The plaintiff consumed the bill of this case as a housing lease deposit by the deceased.

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