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(영문) 서울중앙지방법원 2015.08.12 2014가단5347047
양수금
Text

1. The defendant shall not exceed 152,669,573 won and 38,413,544 won among them within the scope of the property inherited from the deceased B.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence 1 through 3, the following facts: ① The payment order was issued on September 22, 2004, stating that "B shall pay 19% per annum from September 7, 2004 to November 3, 2004; ② the payment order was finalized on November 18, 2004, that "B shall pay 75,227,869 won to Korean Lease; and 38,413,544 won per annum from the next day to the date of full payment; ② the Plaintiff shall have acquired the above claims against Korean Lease on October 18, 2004, and each of the above claims for qualified acceptance was accepted by the Seoul Family Court.

Therefore, the Defendant, who is the heir of the deceased B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from October 10, 2014 to the date of full payment, as to KRW 152,69,573, and KRW 38,413,54, which is the obligation based on the payment order finalized within the scope of the property inherited from the deceased B, and as such, the Plaintiff’s claim of this case is acceptable for reasons.

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