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(영문) 서울중앙지방법원 2015.05.22 2014가합556942
양수금
Text

1. The Plaintiff:

A. Defendant A and B are jointly and severally liable for KRW 83,608,143 and KRW 30,633,125 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant A”), Defendant B, and J, with the Seoul Central District Court 2004Gahap52465, which became final and conclusive on October 15, 2004, and the said judgment became final and conclusive on November 10, 2014.

The main text of the above final and conclusive judgment (hereinafter “instant final and conclusive judgment”) is as follows.

The Plaintiff

1. Defendant A, B, and J shall jointly and severally pay 83,608,143 won and 30,63,125 won and 19% interest per annum from May 26, 2004 to July 19, 2004 and 20% interest per annum from the next day to the day of full payment;

2. The defendant A and B shall pay 106,472,126 won jointly and severally,

3. Defendant A shall pay 14,494,37 won and 5,710,86 won among them at the rate of 25% per annum from May 26, 2004 to the date of full payment.

A person shall be appointed.

B. Defendant C is the spouse of J, and Defendant B, D, E, F, G, H, and I are the children of J.

C. The J died on August 4, 2010, and on October 27, 2010, Defendant C, B, D, E, F, G, and H, except Defendant I, filed a qualified acceptance report with the Suwon District Court on October 27, 2010 and accepted the said report.

[Ground of Recognition] ① between the plaintiff and the defendant: Article 150 (Deemed as Self-Confession), (2) of the Civil Procedure Act: The plaintiff and the other defendants: The absence of dispute, Gap 1 through 4, Eul 1, and the purport of the whole pleadings

2. According to the facts acknowledged in paragraph (1) of the judgment on the Plaintiff’s claim, Defendant A and B are obligated to pay the Plaintiff money corresponding to each of the instant final judgment orders, and the remaining Defendants, the heir of J, are obligated to pay the money equivalent to their respective inheritance shares among the money to be paid by J in accordance with the final judgment order of this case as indicated below.

However, Defendant C, D, E, F, G, and H are obligated to pay the above money within the scope of the property inherited from J.

The ratio of inheritance (units: the original) shares of heir.

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