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(영문) 서울중앙지방법원 2016.10.26 2016가단5069563
구상금
Text

1. The Defendant shall within the scope of the property inherited from the deceased B, and KRW 293,621,883 and KRW 83,496,526 among them.

Reasons

1. In full view of the overall purport of the pleadings, the facts as stated in the reasons for the claim in the separate sheet can be acknowledged in the judgment of the plaintiff's claim, and the statements in Gap evidence Nos. 1 through 8.

Therefore, within the scope of property inherited from the deceased B, the defendant is not obligated to pay to the plaintiff 293,621,883 won (292,237,843 additional guarantee fees of KRW 955,580,460) and 83,496,526 won out of the balance of the subrogated payment (the amount claimed to the defendant in the plaintiff's application for modification of claim and cause as of July 23, 2016), with respect to the amount claimed by the defendant from February 4, 2016 to August 24, 2016, which is the date of delivery of the above application for alteration of claim and cause, to the plaintiff, 208,741,317 won (the amount extended from the plaintiff's application for alteration of claim and cause thereof as of September 30, 2016), with respect to delay damages exceeding the rate of 15% per annum of the plaintiff's application for alteration of claim and cause as of February 16, 2016, respectively.

2. Although the defendant's argument regarding the defendant's assertion is disputed that the qualified acceptance was granted, the plaintiff has already sought to reduce the purport of the claim within the scope of the qualified acceptance. Thus, the defendant's above argument is without merit.

3. It is so decided as per Disposition by admitting part of the plaintiff's claim.

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