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(영문) 서울중앙지방법원 2016.09.21 2016가단5099243
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff, but Defendant B is within the scope of the property inherited from the network C, as of 91.

Reasons

1. Facts of recognition;

A. As to C and Defendant A, the Plaintiff’s attachment

The claims were acquired, such as the description of the cause of the claims.

B. C died on February 16, 2015.

D, an inheritor, renounced his/her inheritance on May 27, 2015 (Seoul Family Court 2015 D's 30019) and was accepted on May 27, 2015.

Defendant B, an inheritor, filed a qualified acceptance report (the Gwangju Family Court 2015 was 30018), which was accepted on May 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff filed the instant lawsuit prior to the expiration of extinctive prescription for the interruption of a claim based on the judgment of the Gwangju District Court 2005da57567, and thus, there is a benefit in the instant lawsuit.

(See Supreme Court Decision 98Da1645 Decided June 12, 1998, etc.). The Defendants are jointly and severally liable to the Plaintiff. However, Defendant B is jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 17% per annum from May 3, 2016 to the date of full payment as to the principal amount of KRW 91,862,420 as of May 2, 2016, and the balance of principal amount of KRW 22,589,67 as of KRW 17% per annum from May 3, 2016 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendant A is justified. Thus, since the plaintiff's claim against the defendant B is justified within the above scope of recognition, each claim against the defendant B is accepted, and the remaining claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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