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(영문) 서울중앙지방법원 2017.12.05 2016가단27472
양수금
Text

1. The Plaintiff:

A. Defendant D, E, and C are subject to KRW 135,628,232, respectively, within the scope of the property inherited from Nonparty DF.

Reasons

With respect to the Plaintiff’s assertion as indicated in the separate sheet as to the cause of the instant claim, it may be recognized as a constructive admission under Articles 208(3)2 and 150(3) of the Civil Procedure Act as to Defendant A and B, and as to Defendant D, E, and C, it may be recognized by considering the overall purport of the arguments in the separate sheet No. 1-1, 2, and 2 as a whole.

If so, the Plaintiff:

A. With respect to Defendant D, E, and C: (i) KRW 135,628,232 each within the scope of the property inherited from the networkF (i.e., KRW 406,884,696 x 1/3 of the shares in inheritance) and KRW 2,00,000 each among them (i.e., KRW 6,00,000 of the balance of loans x 1/3 of the shares in inheritance x 1/3 of the shares in inheritance x the agreed interest rate of KRW 20% per annum from April 21, 2015 to the date of full payment; (ii) KRW 21,66,666 (i.e., the balance of loans 65,00,000 x 1/3 of the shares in inheritance x the agreed interest rate of KRW 32% per annum from November 16, 2015).

B. Defendant A and B are above A.

A. The Defendants stated in the claim are jointly and severally liable for damages.

The amount of KRW 344,869,706 among the money stated in the subsection and KRW 65,00,000 among them shall be calculated at the rate of 15% per annum as the Plaintiff seeks from November 16, 2015 to the date of full payment;

C. Defendant C is entitled to the extent of the property inherited from the network G;

B. The defendants mentioned in paragraph A are jointly and severally with the defendants mentioned in paragraph A.

B. Of the amount stated in the port, 344,869,706 won and 65,000 won among them are obligated to pay each amount calculated by the rate of 32% per annum from November 16, 2015 to the date of full payment.

The plaintiff's claim against the defendants who sought this shall be accepted on the grounds of all the claims, and it is so decided as per Disposition.

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