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Reasons
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(영문) 인천지방법원 부천지원 2018.10.26 2017가단115264
판결금 등 청구의 소
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1. The defendant shall pay to each of the plaintiffs 65,225,205 won and 41,500,000 won among them. The defendant shall pay full payment from July 17, 2010.

Reasons

1. Facts of recognition;

A. On December 13, 2005, the plaintiffs and the defendant filed a lawsuit against the defendant et al. against the defendant et al. on the subsidiary branch court of the Incheon District Court (2005da36542) of the Incheon District Court. On January 30, 2008, the above support terminated the pleadings and rendered a judgment on March 5, 2008 as follows. The summary of the reasons is as follows. The above judgment became final and conclusive on March 27, 2008.

1) The main order of the defendant shall pay to each of the plaintiffs 41,50,000 won and 20% interest per annum from December 30, 2005 to the day of full payment. 2) The summary of the reasons D shall pay to the defendant, 20,000,000 won on April 22, 1996, and the same year.

4. On October 28, 200 of 30, 55,000 won and 8,000,000 won each from October 28 of the same year, and on May 9, 2005, the Defendant is obligated to pay to the Plaintiffs the amount of money as stated in the above paragraph (1) as damages for delay as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day when a written complaint is served to the day when the above loans are fully repaid. (B) The Defendant paid KRW 28,00,000 to the Plaintiffs for the repayment of the above loans on July 16, 2010. The Defendant paid KRW 28,00,000 to the Plaintiffs for the repayment of the above loans. The Defendant did not dispute over the grounds for recognition, Gap-1, 2,

2. The assertion and judgment

A. The above repayment amount of KRW 28,000,000 on the ground of the claim amounting to KRW 83,00,000 in total (=41,50,000 x 2) and damages for delay calculated by the rate of KRW 20% per annum from December 30, 2005 to July 16, 2010 (=83,000,000 x 0.0 x 0.2 x (419/365), and the above damages for delay remain more than KRW 47,450,410 (=75,450,410 - 28,000,000).

Therefore, the defendant is obligated to pay to each of the plaintiffs 65,225,205 won (=41,50,000 (47,450,410 ± 410)) and 41,50,000 among them at the rate of 20% per annum from July 17, 2010 to the date of full payment.

B. Judgment on the Defendant’s assertion 1, the Defendant, at the request of the deceased around 1997, is the deceased.

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