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(영문) 대구지방법원 2018.09.13 2017가단134925
구상금
Text

1. The Plaintiff:

A. Defendant A is within the scope of property inherited from the deceased C, and KRW 255,663,238, and among them, KRW 255,62.

Reasons

1. The Plaintiff shall serve as the cause of the instant claim, as shown in the separate sheet “the cause of the claim” and “the changed cause of claim.”

(However, the term “creditor” in the separate sheet No. 150(3) main text and (1) of Article 150(3) of the Civil Procedure Act on February 2, 198 is deemed to have led to the confession of the Defendants (the Defendants did not dispute the occurrence and details of the Plaintiff’s claim for reimbursement from the beginning, but did not dispute the Plaintiff’s claim for reimbursement against the inheritance due to the deceased C death, and there was no dispute as to the Plaintiff’s modification of the purport and cause of the claim.)

A. Defendant A is obligated to pay KRW 255,663,238 and KRW 255,662,30 among them at the rate of 10% per annum under the agreement from October 20, 2017 to July 20, 2018, when the Plaintiff’s application for modification of the purport of the claim and the cause of the claim was served on Defendant A within the scope of the property inherited from the deceased C, and KRW 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. Defendant B is obligated to pay 170,442,158 won and 170,441,536 won among them within the scope of the property inherited from the network C and 170,441,536 won at the rate of 10% per annum under the agreement from October 20, 2017 to July 20, 2018, when the Plaintiff’s application for modification of the purport and cause of the claim was served on the legal representative of Defendant B, and 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

All of the plaintiff's claims of this case are justified, and in relation to the costs of lawsuit, the plaintiff shall pay one half of them to the plaintiff and the defendants, taking into account the fact that the plaintiff's claims and sources of claims were finally modified twice in the course of litigation, and the plaintiff's claims and causes of claims are only recognized.

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