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(영문) 인천지방법원 2020.07.08 2020가단202714
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. and B jointly and severally for KRW 120,135,414 and KRW 87,490,546 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against Defendant A corporation, B, and network D with the Incheon District Court Decision 2009Da104693, and filed a lawsuit against Defendant A corporation, B, and network D with the claim for reimbursement on May 19, 2010. The judgment of the court below became final and conclusive on October 31, 2009 as follows: “Defendant A corporation, B, and network D jointly and severally with the Plaintiff KRW 120,135,414, and KRW 87,490,546 as to the amount of money, from October 31, 2009 to December 16, 2009; the network D were up to November 30, 209; and the amount of money calculated at the rate of 15% per annum from March 28, 2010 to the date of full payment.”

(hereinafter referred to as the “instant final judgment”). B.

The network D died on September 5, 2016, and Defendant C, the spouse of Defendant B and I succeeded to the network D.

On June 20, 2019, Defendant B and C were tried to approve the inheritance of the deceased D’s property as the District Court 2017 Madan1537.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, Eul evidence 1, Eul evidence 1, substantial facts in this court, the purport of the whole pleadings

2. According to the above facts of determination, Defendant A Co., Ltd. and B, the debtor of the judgment of this case, are jointly and severally liable to pay 120,135,414 won and 87,490,546 won of the above final judgment to the Plaintiff for the interruption of extinctive prescription of the claim of this case, 15% per annum from October 31, 2009 to March 28, 2010 that the Plaintiff seeks, and 20% per annum from the next day to the day of full payment. Defendant C, the heir of the network D, jointly and severally with Defendant A, within the scope of property inherited from the network D, is jointly and severally liable to pay 48,054,165 won (i.e., 120,135,414 x 25 x 2,514 x 30% per annum from the day of complete payment to the day of full payment x 30% per annum, 294, 2984.5

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