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(영문) 인천지방법원 2019.01.03 2018가단218624
구상금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 30,760,311 and KRW 27,817,271 among them, from November 29, 2016 to KRW 2,943,040.

Reasons

▣ 피고 B

1. Under the indication of the claim, the basic facts of Paragraph 1 against Defendant C and the “Plaintiff and Defendant B” decided to share the attorney’s fees in 1/2 by filing a lawsuit against Defendant C for a loan claim with the Incheon District Court 2015da236300. On February 9, 2018, the Plaintiff paid 40,000 won in total as the retainer and the contingent fees to the attorney’s fees.

On the other hand, the Plaintiff and Defendant B decided to share the attorney fees in 1/2 in the case of division of property against the Plaintiff and the Defendants, who are the deceased’s successors, and the Incheon Family Court 2016 D’s 101,000 won in total.

Therefore, according to the Plaintiff’s shares in inheritance, Defendant B is obligated to pay KRW 27,817,271 among the secured debt of the instant case (i.e., KRW 83,451,815 x 1/3), KRW 2,943,040 among acquisition tax (i.e., KRW 8,829,120 x 1/3) plus KRW 30,760,311 x 27,817 among the secured debt of the instant case, and KRW 27,817,271 from November 29, 2016 to December 27, 2016, which is the day following the date of payment of acquisition tax, to pay KRW 50% per annum from the day following the date of delivery of a copy of complaint of each of the instant case to May 27, 2018 x 50% per annum from the day following the date of payment of acquisition tax to the day of full payment x 5050 million won per annum.

2. 적용법조 민사소송법 제208조 제3항 제2호, 제150조 제3항(자백간주에 의한 판결) ▣ 피고 C

1. Basic facts

A. The deceased E (hereinafter referred to as “the deceased”) died on July 2, 2015, and the heir is each of his/her lineal descendants and the Defendants.

On August 13, 1968, the deceased completed a marriage report with F on August 13, 1968, and had the Defendants under the chain, and reported a divorce on February 23, 1973.

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