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(영문) 대구지방법원포항지원 2020.01.09 2019가합10786
청구이의
Text

1. Plaintiff A, Defendant C, Defendant D’s KRW 6,477,627, and Defendant E’s KRW 17,438,717 and each of the said money.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) is a person who died from a fall accident at the I hotel operated by H in Mapo-gu Seoul Metropolitan Government, while the plaintiff A’s spouse, the plaintiff B’s wife, and the deceased’s wife.

B. The Plaintiff A inherited the Deceased with the 3/5 shares and 2/5 shares, and the Plaintiffs filed a qualified acceptance report with the Daegu Family Court Branch of the 2016-Madan81, which was the judgment accepting the report on April 26, 2016. The said judgment became final and conclusive around that time.

C. On February 9, 2018, the Plaintiffs filed a lawsuit for damages (e.g., damages) with the Daegu District Court Branch Branch of 2017Gahap10591 on the ground that H did not take safety measures and died of the Plaintiff. On February 9, 2018, the said court rendered a judgment dismissing the Plaintiff’s claim for damages (i.e., KRW 120,890,937 (i., KRW 6,361,90,000 for funeral expenses of KRW 3,000 for the deceased’s inherited property) and KRW 20,000 for funeral expenses of KRW 3,00,000 for the Plaintiff, KRW 71,019,357 for the Plaintiff’s inherited property, KRW 61,019,000 for the deceased’s KRW 10,000 for the 2018,000 for each of these cases, the appellate court rendered a final judgment of KRW 318,518,2000.

On September 21, 2015, the Deceased created a loan certificate with the principal of KRW 50,00,00, interest rate of KRW 24% per annum, and interest rate of December 30, 2015 as of the due date for repayment. On January 29, 2018, J received an order to seize and seize claims against the Plaintiffs (Plaintiff A: inheritance shares of KRW 3/5, Plaintiff B: 2/5) within the scope of the deceased’s inherited property, with the claim of KRW 73,967,123 as of December 22, 2018, within the scope of the deceased’s inherited property. The above order was served to H on February 2, 2018, and became final and conclusive on February 22, 2018.

Defendant C’s claim on February 9, 2018 99,882.

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