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(영문) 광주지방법원 2017.11.21 2017가단513373
구상금
Text

1. The Defendants are either KRW 16,858,579 and the above money within the scope of the property inherited from the network E.

Reasons

1. Basic facts

A. On Jan. 15, 2007, the Plaintiff filed a lawsuit against the Defendants on May 15, 2007 with the Gwangju District Court 2007Kadan303, stating that “The Plaintiff’s father He, his father, from May 6, 200 to April 29, 2002, entered into a credit guarantee agreement with the Plaintiff to guarantee the Defendant’s obligations for loans to the Simamam Agricultural Cooperative, and the Plaintiff subrogated the Defendant’s loans to the Simam Agricultural Cooperative on behalf of the Simamam Agricultural Cooperative on behalf of the Simam. Since the Defendants made a qualified acceptance of inheritance due to the Plaintiff’s death, the Defendants filed a lawsuit against the Plaintiff each of the above KRW 10,889,90 at the rate of 15% per annum from December 19, 2006 to the date immediately preceding the date of completion.”

B. As of June 14, 2007, the date of pleading in the above lawsuit, a protocol of recognition and recognition that the Defendants were fully aware of the Plaintiff’s claim (hereinafter “written recognition and recognition of this case”), and the protocol of recognition and recognition of this case contains a statement that Defendant A appeared in the status of Defendant B, C, and D as the legal representative and the Defendant himself and accepted the Plaintiff’s claim.

C. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations, when the statute of limitations for the claim based on the letter of recognition and recognition of the instant case is imminent.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, pursuant to the recognition and recognition protocol of this case, the defendants are obligated to pay to the plaintiff 16,858,579 won and 10,889,990 won of each of the above 16,88,579 won and the above 10,889,90 won within the scope of the property inherited from the network E within the scope of the property inherited from the plaintiff, unless there are any special circumstances. The plaintiff's lawsuit for the interruption of the prescription of claims under the recognition and recognition protocol of this case is a benefit of lawsuit.

3. As to the Defendants’ assertion, the Defendants’ assertion is examined.

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