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(영문) 광주지방법원 2018.10.12 2018가단2429
구상금
Text

1. The Plaintiff is jointly and severally with the non-party K, L, and M within the scope of the property inherited from the deceased J.

Reasons

1. In full view of the evidence Nos. 1 through 5 of the facts acknowledged, the facts as stated in the grounds for the claim corrected in the annexed sheet are acknowledged.

2. According to the above facts of recognition, K Co., Ltd. of the non-party primary debtor company (hereinafter referred to as the "non-party company") is obligated to pay to the plaintiff 229,41,948 won and 33,092,352 won among them at the rate of 18% per annum from March 7, 2018 to the date of full payment. The joint guarantor L, J, and M, etc., are jointly and severally with the non-party primary debtor company. As the J died on October 27, 2009, the Defendants, who are their successors, are jointly and severally liable to pay to the plaintiff the inherited joint and several liability within the scope of each inheritance share.

Furthermore, inasmuch as the Defendants’ report on the inheritance-limited approval was accepted by Gwangju District Court 2009Hun-Ma312, the Defendants are obligated to perform the said joint and several liability within the scope of the property inherited to J.

Therefore, Defendant A is jointly and severally liable to pay to the Plaintiff the amount of KRW 36,27,676 and KRW 5,225,108, which is jointly and severally and severally liable with the non-party company and the non-party company that are the principal debtor, and KRW 24,151,784, respectively, and KRW 3,483,405, which is jointly and severally liable to pay to the Plaintiff the amount of KRW 18% per annum from March 7, 2018 to the date of full payment.

3. If so, the plaintiff's claim against the defendants is reasonable and acceptable.

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