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(영문) 서울중앙지방법원 2016.12.13 2016가단5043295
대여금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 10,225,642 and KRW 9,107,142 among them from February 18, 2016.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment by public notice (each of the items and arguments set forth in subparagraphs A through 9 and Article 208 (3) 3 of the Civil Procedure Act);

2. The facts of the grounds for the change of the grounds for the claim for the judgment on the claims against the Defendant (Appointed Party) B and the Appointed C, and the facts that the Defendant (Appointed Party) B and the Appointed C received the adjudication on the qualification approval for inheritance of the deceased D’s property on May 19, 2016 by the Incheon District Court 2016-Ma791, and the fact that they were subject to the adjudication on the qualification approval for inheritance of the deceased’s property was either disputed between the Plaintiff and the Defendant (Appointed Party B) B and the Appointed C, or acknowledged by the statements in

Therefore, within the scope of the property inherited from the network D, Defendant B (Appointed Party) and the Selection Party C, the heir of the network D, are obligated to pay to the Plaintiff the amount calculated by adding the rate of delay damages per annum 24.7% per annum, the rate of delay damages per annum, which is 16% per annum, from February 18, 2016 to the date of full payment, to the date of full payment, with respect to KRW 6,071,428 of the principal of the debt, and the principal of the debt, from February 18, 2016 to the date of full payment, with respect to KRW 104,156 of the principal of the debt, the Plaintiff sought from February 18, 2016 to the date of full payment.

3. The conclusion is that the plaintiff's claim of this case is with merit, and it is so decided as per Disposition.

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