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(영문) 인천지방법원부천지원 2020.09.04 2019가단9349
소멸시효중단 확인
Text

1. The Plaintiff’s case of unjust enrichment against the Defendants by Seoul Southern District Court Decision 2008Kadan109238 Decided February 11, 2009.

Reasons

1. Facts of recognition;

A. D around November 18, 1998, filed a lawsuit against the Defendants as Seoul District Court 98Kadan234122 against the Defendants, and the said case was submitted to the conciliation by Seoul District Court 98 Ma243520, and the Plaintiff on November 18, 1998:

A. The Defendants are exempt from attaching the attached list by December 15, 1998.

real estate mentioned above shall be named:

B. (1) The Defendants shall pay KRW 28,100,000 per annum until December 15, 1998, but if the above amount is not paid by the above deadline, the Defendants shall pay the amount in addition to 25% per annum from the following day to the date of full payment, and (2) the Defendants shall pay the amount in proportion to KRW 4,00,000 per month from September 19, 198 to the date of full payment.

2. The Plaintiff’s remaining claims against the Defendants are waived.

3. Litigation costs and conciliation costs shall be borne by each person.

A decision in lieu of conciliation was rendered on December 12, 1998. (b) The Plaintiff, as D’s children, participated in the litigation proceedings with D’s permission on behalf of the Plaintiff. D around 2008, for the purpose of the extension of the prescription of a claim pursuant to the said decision in lieu of conciliation, the Plaintiff filed a lawsuit against the Defendants by Seoul Southern District Court 2008Kadan109238. On February 11, 2009, the above court rendered a decision on February 11, 2009 that “The Defendant paid to each Plaintiff KRW 41,777,419 and KRW 28,100,000 among them, KRW 25% per annum from December 16, 1998 to December 29, 2008, KRW 200 per annum from December 30 to 298, 199 per annum 205% per annum from December 29, 2008 to 209.

The above judgment was finalized on March 7, 2009.

(hereinafter referred to as the “instant judgment,” and the claim based on the instant judgment is D.

The Plaintiff requested Defendant B to repay the instant claim on behalf of the Plaintiff, and Defendant B to the Plaintiff’s account on October 12, 2009, November 12, 2009, January 12, 2009, January 11, 2010, January 26, 2010, and February 26, 2010.

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