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(영문) 부산지방법원 2015.06.25 2014가단99372
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 120,381,320 and KRW 58,086,090 among them.

Reasons

1. The following facts are deemed to have led to the confession of the Plaintiff’s assertion pursuant to Article 150 of the Civil Procedure Act between the Plaintiff, the Defendant, and the Defendant C. The following facts may be acknowledged according to the respective descriptions of the evidence Nos. 1 through 5 between the Plaintiff, the Defendant, and the Defendant D.

On April 6, 2005, the Plaintiff filed a claim for reimbursement against Defendant A, B, C, and deceased E with this Court Decision 2004Da85178, and sentenced that “Defendant A et al. jointly and severally paid to the Plaintiff the amount of KRW 71,064,380 and the amount at the rate of 19% per annum from October 25, 2003 to the date of full payment,” and the above judgment became final and conclusive on May 17, 2005.

B. On August 17, 2012, the deceased Defendant D, his mother, was the inheritor, and died. Defendant D applied for the inheritance limited recognition as the Busan Family Court’s 2015-Ma702, and the report on the qualified acceptance was accepted on April 13, 2015.

C. Meanwhile, on June 3, 2008, the Plaintiff received reimbursement of KRW 12,978,290 out of the principal of the judgment above.

2. If so, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the principal amount of KRW 58,086,090 and damages for delay from October 25, 2003 to June 3, 2008, the sum of KRW 120,381,320 and the remainder of KRW 58,086,090 with interest of KRW 19% per annum from June 4, 2008 to June 3, 2008.

3. Therefore, since the plaintiff's claim against the defendants is well-grounded, it shall be accepted respectively, and it is so decided as per Disposition.

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