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(영문) 대구지방법원 2019.07.24 2018나314972
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Disposition by the court of first instance (1).

Reasons

1. The reasoning of the reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) both the Defendant C’s “Defendant C” of the judgment of the court of first instance are dismissed as “the network C”; and (b) “The network C died on October 4, 2018; and (c) the Defendants, as the deceased’s children and their spouses, succeeded to the network C according to the inheritance shares in the attached list 2; and (c) the Defendants, as their successors, succeeded to the network C according to the inheritance shares in the attached list 5-3 through 12, are the same as the reasoning of the judgment of the court of first instance, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the 5th to 12th parallels in the 5th parallels in the 5th parallels in the 77,023,20 won, and the 71,360,200 won [2,90,000 won in the 71,360,000 won in the leased principal of this case x 5,663,200 won in the 71,360,000 won in the 2012 x 12% in the aggregate] and 71,360,000 won in the 206,327 won in the 77,023,200 won in the above amount jointly and severally with the above Defendant, Defendant G out of the above amount x 3/11 in the inheritance shares x less than 3/11 in the 2012 forest; hereinafter the same shall apply.

() Of them, as to KRW 19,461,818 (=71,360,00 x inheritance share 3/111), Defendant D, H, and I are obligated to pay 14,04,218 (i.e., KRW 77,023,200 x inheritance share 2/11) and 12,974,545 (i.e., KRW 71,360,000 x inheritance share 2/111) with respect to each of the following 19,461,818 (i.e., inheritance share x 2/11) with respect to each of the following 5% per annum from August 2, 2008 to August 22, 208; and (ii) with respect to each of the agreed delay interest rate of KRW 20% per annum, which is the agreed delay interest rate of KRW 77,423,200, as alleged by the Plaintiff.

(i) the Act;

2. If so, the plaintiff's claim against the defendant D for a fraudulent act is justified, and the claim against the defendant B and the deceased C for the acceptance of the lawsuit shall be accepted within the scope of the above recognition, and the remainder shall be dismissed for reasons.

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