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(영문) 서울중앙지방법원 2021.01.21 2019가단5303318
양수금
Text

1. The Plaintiff:

A. As to Defendant D Co., Ltd.: KRW 913,08,875 and KRW 283,850,000 among them:

(b) the defendant.

Reasons

1. The description of the request shall be as shown in the attached Form;

[Grounds for recognition] The purport of Gap's evidence Nos. 1 to 4 and the whole theory

2. Determination

A. According to the above facts, N, the principal and joint guarantor, Defendant D, the principal and joint guarantor, is jointly and severally liable to pay to the Plaintiff delayed damages amounting to KRW 913,08,875 won and KRW 283,850,000 among them.

In addition, according to the statements in Eul evidence Nos. 1 through 5 (including each number), N died on or around January 3, 2013, and it can be recognized that the remaining Defendants, the spouse of the defendant E and the son, filed a report on the inheritance of the network N and received the report from the court.

B. Therefore, the Plaintiff is therefore obligated to pay to the Defendant Co., Ltd. KRW 913,08,875 and KRW 283,850,00 among them, ② to the extent of the property inherited from the network N jointly with the Defendant Co., Ltd., ② to the extent of the property inherited by the Defendant Co., Ltd., Defendant E is jointly and severally obligated to pay the delayed damages calculated at the rate of 12% per annum for KRW 249,024,238 and KRW 7,413,636 among them, Defendant F, G, J, and K, and KRW 16,016,159 for each of them, and KRW 51,609,09,09 for each of them, within the scope of the agreed interest rate of delay calculated by the Plaintiff from December 1, 2016 to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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