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(영문) 서울중앙지방법원 2020.12.18 2020가단5145631
대여금
Text

The Plaintiff

A. Defendant C and D Co., Ltd are jointly and severally liable for KRW 780,726,406 and KRW 417,925,311 among them.

Reasons

1. Indication of claims: To describe the grounds for the application and the changed grounds for the application;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”). 2. Claim against Defendant C: by public notice (Article 208(3)3 of the Civil Procedure Act)

3. Claim against Defendant D Co., Ltd and G: Defendant G asserted that in the written reply of August 27, 2020, Defendant G filed a petition for adjudication on the inheritance limited acceptance with the Seoul Family Court Decision 2020 Madan53583, and the report on the qualified acceptance is deemed to have been accepted on October 12, 2020. Accordingly, the Plaintiff reduced the claim for a claim for payment of money within the scope of the property inherited from the deceased E on the first date for pleading.

Defendant G did not raise any particular objection despite the service of the above statement of pleading, so it is deemed that Defendant G led to the Plaintiff’s ground of claim.

(Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

4. Defendant F, H, and I did not dispute the grounds for the separate application and the facts stated in the changed claims. However, the Plaintiff did not seek a qualified acceptance trial. The Plaintiff’s claim was reduced by seeking a payment of money within the scope of the property inherited from the network E on the first date for pleading, and the Defendants did not dispute this, and thus, the Defendants are obligated to pay the same money as stated in the purport of the claim to the Plaintiff.

5. Accordingly, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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