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(영문) 서울중앙지방법원 2017.04.06 2015가단52235
양수금(시효연장)
Text

1. The defendant shall pay 25 million won to the plaintiff and 24% per annum from July 3, 200 to the day of complete payment.

Reasons

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause for the claim, the facts indicated in the “Cause for Claim” in the separate sheet may be acknowledged. Furthermore, according to the purport of the entire pleadings, the Defendant may recognize the fact that the Defendant died on January 17, 2014 and solely inherited B’s property as his/her child.

According to the above facts of recognition, the defendant is obligated to perform B's obligations to the plaintiff.

[The Defendant filed a petition with the Seoul Family Court for an adjudication on the rejection of a claim (2015D4064) by failing to comply with the first order of correction, and the second order was final and conclusive after the rejection of the claim (16DD3132) on the ground of the rejection of the above order of request). 2. Conclusion, the Plaintiff’s claim against the Defendant is accepted on the grounds of its reason.

(Attachment Form 3) A final and conclusive judgment stating "the cause of claim" has res judicata, but a new suit is exceptionally allowed as there are special circumstances in the interruption of prescription.

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