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(영문) 서울남부지방법원 2019.09.18 2019가단209998
양수금
Text

1. The Plaintiff; D shall be KRW 13,636,363; Defendant (Appointed Party) B; Defendant C, Selection E; and F shall be KRW 9,090,909.

Reasons

1. Facts of recognition;

A. The Korea Housing Guarantee Co., Ltd. filed a lawsuit against G and deceased H with the Seoul Southern District Court 2008Gahap18483, and on February 6, 2009, the judgment of the above court that "the defendants jointly and severally paid to the plaintiff 476,850,000 won and 398,200 won among them, with the amount of KRW 78,650,000 from October 7, 2003 to November 8, 2008, with the amount of KRW 14% per annum from August 8, 2005 to November 8, 2008, and with the amount of KRW 20% per annum from the next day to the date of full payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive on March 7, 2009.

B. On June 28, 2013, the Korea Housing Guarantee Co., Ltd. transferred the instant judgment claim to the I Limited Company; I Limited Company to J Co., Ltd. on September 9, 2013; J Co., Ltd. to the Plaintiff on December 16, 2016, respectively.

C. The deceased on September 21, 2013, the deceased on September 21, 2013, and his heir is the wife D, the Defendant C, the Defendant (Appointed Party) B, the Selection Party E, and the F.

【Defendant (Appointed Party)-B: Judgment by service of public notice on the fact that there is no dispute, each entry (including additional number) in the evidence of subparagraphs A and 5, and the purport of all pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, D, the heir of the claim of this case, is obligated to pay damages for delay at the rate of 13,636,363 won (i.e., KRW 50,00,000 x KRW 3/11 inheritance shares, less than KRW 3/11; hereinafter the same shall apply), Defendant C, Defendant C, Defendant (Appointed Party), E, and F, to KRW 9,090,90 (i.e., KRW 50,000 x KRW 2/11 inheritance shares) and each of the above amounts from October 7, 2003 to November 8, 2008, and to pay damages for delay at the rate of 20% per annum from the following day to the date of full payment.

B. Determination as to the defense 1) Defendant (Appointed Party; hereinafter referred to as “Defendant”) is limited to “Defendant”.

B, as the case may be.

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