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(영문) 부산지방법원 2014.11.25 2014가단209971
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 86,494,829 and KRW 83,314,800 among them.

Reasons

1. Plaintiff’s claim against Defendant A Co., Ltd. (hereinafter “Defendant A”), B, and C

(a)be as shown in the attachment of the claim;

(b) As to Defendant A and B, a judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): As to Defendant C, a judgment of deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

2. Plaintiff’s claim against Defendant D, E, F, G, H, I, and J (hereinafter collectively referred to as “the Defendants”)

(a)as shown in the attachment of the facts of recognition;

[Grounds for recognition] The items in Gap evidence 1-1, 2, Eul evidence 1-1, and the purport of the whole pleadings

B. According to the above facts of recognition, the remaining Defendants, as the heir of the network K, are subject to each qualified acceptance. As such, the remaining Defendants are liable to pay the net K’s indemnity liability to the Plaintiff within the scope of the property inherited from the network K, according to their respective inheritance shares.

Therefore, among the above amount of indemnity, Defendant D, E, F: KRW 17,298,965 [17,314,80 + fixed interest 3,180 + 9/45 shares in subrogation + 16,62,960 (=83,314,800 won in subrogation + 9/400; hereinafter the same shall apply] out of the amount of subrogation, which is equivalent to the statutory share in inheritance, 16,62,960 (=83,314,80 won in subrogation x 9/45 shares in subrogation] Of the amount of indemnity, Defendant G: 5,76,321 [2.3,00 won in subrogation 83,314,80 won in subrogation x 3,180 won in subrogation x 294,384,384,304,384,305, respectively in subrogation x 49/100 shares in subrogation x 29.45,304384,3045

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