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(영문) 수원지방법원성남지원 2019.12.20 2019가합405910
유류분반환
Text

1. The defendant shall pay to the plaintiff KRW 572,768,701 as well as 12% per annum from May 19, 2019 to the day of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim(s) and “the changed cause of claim(s).”

2. The part dismissing part of March 3, 208(3) of the Civil Procedure Act of the applicable provisions of this case: (a) the Plaintiff claimed damages for delay at the rate of 5% per annum as stipulated in the Civil Act from June 4, 2018, the day following the date of inheritance commencement to the date of delivery of a duplicate of the purport of the instant claim and cause modification; (b) the obligation to return the value arising from the exercise of the claim for return of legal reserve is an obligation without the set period for performance; and (c) the obligor is liable for delay only when he/she receives a request for performance of the obligation (Supreme Court Decision 2010Da42624, 42631 Decided March 14, 2013). The Plaintiff’s claim for damages for delay is dismissed.

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