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(영문) 수원지방법원 2017.01.19 2014가단73578
구상금(시효연장)
Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share 65,858,338 won and 29,925,950 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against Defendant A, Defendant B, and Dong G with the Seoul Central District Court Decision 2005Da63441, and on June 21, 2005, the Plaintiff was jointly and severally sentenced to a judgment that “The Defendant A, Defendant B, and Dong G shall pay to the Plaintiff the amount of KRW 30,000,000 per annum from December 25, 2004 to June 1, 2005, the amount of KRW 19% per annum from the next day to the date of full payment, and the amount of KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on July 16, 2005.

(hereinafter “instant claim for reimbursement”). B.

On April 6, 2005, the deceased on April 6, 2005, there was H and I, the husband of the Defendant B and his children, but they were jointly inherited by the mother of Defendant B and the deceased G (the Seoul Family Court 2005Ra5536), and the mother of Defendant B and the deceased G (the shares of inheritance 2/5).

C. The deceased on April 13, 2014, and the Defendant C, Defendant D, and Defendant E inherited 1/3 shares, each of their children (based on the network G), and the Defendant C, Defendant D, and Defendant E filed a petition for adjudication on the re-approval of inheritance under the Incheon Family Court Decision 2015Ra2799 on September 15, 2015, and the report was accepted on November 3, 2016 with respect to Defendant C and Defendant E on November 3, 2016.

Meanwhile, as of December 31, 2010, only KRW 74,050 has been repaid up to the present day, and if the principal has been repaid in advance, the principal amount has not been repaid, the total amount of KRW 29,925,950 as of December 31, 2010, KRW 35,932,388, and the total amount of KRW 65,858,338 ( KRW 29,925,950, KRW 35,932,38) has not been repaid.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 to 1, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, Defendant A and Defendant B jointly and severally are liable to pay to the Plaintiff 65,858,338 won of the total amount of the claim for reimbursement of this case and 29,925,950 won of the total amount of the claim for reimbursement of this case, with 20% interest per annum from January 1, 2011 to the date of full payment. ② Defendant D who succeeds to the net G’s obligation through the network F.

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