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(영문) 청주지방법원 2015.02.05 2014가합26160
양수금
Text

1. The Defendant (Appointed Party) and the designated parties are to the extent of their property inherited from the deceased B, each of which is 154,516.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff filed a lawsuit against the deceased B and C with the Cheongju District Court Decision 2004Gahap1278, Jun. 4, 2004 that “The deceased B and C shall jointly and severally pay to the Plaintiff 384,630,303 won and 157,383,733 won, at the rate of 17% per annum from June 12, 1999 to the day of full payment” (hereinafter “related judgment”).

The judgment was pronounced, and the relevant judgment became final and conclusive on June 29, 2004.2) The net B did not pay any obligation under the relevant judgment up to the present day, and the principal and interest interest not paid by the net as of March 30, 2014 are as follows:

3) The deceased on Nov. 1, 2005, the deceased on Nov. 1, 2005, and D, a lineal descendant of the deceased B, renounced his/her property inheritance under the Cheongju District Court 2005 Ma712, and succeeded to the property of the deceased B, and upon the death of the deceased G on Oct. 31, 201, the Appointer H, I, J, I, and J, as a deceased lineal descendant of the deceased on Oct. 31, 201, by giving up the deceased’s property inheritance under the Cheongju District Court 2011 Ma912, thereby succeeding the property of the deceased He/she succeeded to the deceased’s property of the deceased G, as the Cheongju District Court 2014 Ma1083, the remaining appointed parties and the Defendant (Appointed Party) reported as the Cheongju District Court 2012.

5) On May 7, 2014, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the judgment-related claim. [The Plaintiff’s grounds for recognition, the evidence Nos. 1 through 3, the evidence No. 1-1 and No. 1-2, and the purport of the entire pleadings]

B. According to the above facts of recognition, the Defendant (Appointed Party) and the designated parties, who are the deceased B’s successors, are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

2. In conclusion, the plaintiff's claim against the defendant (appointed party) and the appointed party is justified, and it is so decided as per Disposition.

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