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(영문) 부산지방법원 2016.04.21 2015가단33188
구상금
Text

1. Defendant A shall pay to the Plaintiff KRW 23,123,650 as well as 20% per annum from January 22, 2005 to the day of full payment.

Reasons

1. The Plaintiff asserted that he/she engaged in non-life insurance business, such as automobile insurance, and filed the instant claim on the ground that according to the final judgment of the Busan District Court Decision 2005Da4822, the Plaintiff jointly and severally paid to the Plaintiff KRW 23,123,650 per annum to the Plaintiff and KRW 20% per annum to the Plaintiff from January 22, 2015 to the date of full payment (hereinafter “instant claim for reimbursement”). The period of extinctive prescription comes due to the following reasons:

2. Determination

(a) Claims against Defendant A and C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

B. The deceased E died before the instant lawsuit was filed, and the inheritor was Defendant B and C, and Defendant B was tried to accept the report of inheritance limited recognition by Busan District Court Decision 2015Ra3753 on November 27, 2015.

Therefore, the plaintiff's claim against the defendant A is accepted on the ground of its reason, and the defendant B and C shall be jointly and severally liable with the defendant for payment of 1/2 of the amount of the claim regarding the claim for reimbursement of this case as the heir of 1/2 shares of the network E, and the defendant B shall bear the above liability within the scope of the property inherited from the network E by a qualified acceptance trial.

3. In conclusion, the plaintiff's claim against the defendant A is justified, and the claim against the defendant B and C is accepted within the scope of the above recognition. The remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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