(영문) 대구지방법원 2015.12.08 2014가단126527

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Reasons

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(영문) 대구지방법원 2015.12.08 2014가단126527

구상금

Text

1. Defendant A, Defendant C, Defendant B, and Defendant E jointly and severally with the Plaintiff KRW 290,761,703, out of their amount, 290,761.

Reasons

1. Indication of the cause of the claim regarding the claim against the defendant A and the defendant C: The same shall apply to the description of the cause of the claim in attached Form;

Judgment on deemed confession: Article 208(3)2 of the Civil Procedure Act

2. In full view of the fact that there is no dispute over the claim against Defendant B and Defendant E, the entries in Party A’s Evidence Nos. 1 and 9, and the purport of the entire pleadings, all of the reasons for the attachment and the facts of the changed reasons for the claim are

The defendant B is demanding the dismissal of the claim on the ground that he renounced inheritance.

However, according to the facts recognized, Defendant B is recognized to be in the position of joint and several sureties, and regardless of the renunciation of inheritance, it bears its joint and several liability obligations.

In addition, Defendant E is seeking dismissal on the ground that the report on qualified acceptance was accepted, but Defendant E is modified to the purport that Defendant E bears the obligation within the scope of inherited property from the network by reflecting the fact that the report on qualified acceptance was accepted, so the fact that the report on qualified acceptance was accepted does not constitute a reason to dismiss the Plaintiff’s claim.

3. Accordingly, Defendant A, Defendant C, Defendant B, and Defendant E are jointly and severally liable to pay to the Plaintiff 290,761,703 won and 290,761,440 won out of them, 12% per annum from February 27, 2014 until November 20, 2015, which is the last delivery date of the copy of the application for the purpose of the instant claim and modification of the cause of the claim, and 15% per annum from the next day to the day of full payment. Defendant E is jointly and severally liable to pay the said money within the scope of the property inherited from network D.

Within the scope of the above recognition, the plaintiff's claim is accepted on the grounds of its reasoning, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제208조 제3항 제2호

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