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1. Of the judgment of the court of first instance, the Plaintiff shall be fully paid the Plaintiff KRW 482,013,66, and the amount of the Plaintiff shall be fully paid from February 4, 2015.
Reasons
1. This part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same with the following modification and addition
(including this part, “Defendant D” refers to “A co-defendant D of the first instance trial.” hereinafter referred to as “D”). The last three parallels in the first instance judgment are modified to “N”.
The term "total amount of monthly salary" in the statement of the first instance judgment shall be amended to "total principal" among the contents of the written statement of payment in this case.
2. The part of the claim as to Defendant B is cited by the main text of Article 420 of the Civil Procedure Act, except for the modification and addition as follows.
The fifth last sentence of the first instance judgment "from November 29, 2014" is amended to "from February 4, 2015 to "from February 4, 2015", and the second 4th sentence of the first instance judgment is added to "(the rate of 20% per annum until September 30, 2015 according to the amended Presidential Decree, but only the defendant appealed, shall maintain the interest rate of the first instance court in accordance with the principle of prohibition of disadvantageous change)."
The following shall be added at least 6 pages of the first instance judgment:
Defendant B asserts to the effect that “A, with respect to this case, the letter of payment was written by the coercion of the Plaintiff and the deceased, or that the said letter of payment was written by mistake or by mistake, the waiver of the inheritance of the said J was null and void. However, there is no evidence to acknowledge that the letter of payment in this case was written by duress or mistake as alleged by Defendant B. Furthermore, even though Defendant B was unaware of the renunciation of inheritance of the J, it is difficult to recognize the revocation of the declaration of intent by mistake solely on such fact. In addition, Defendant B used the instant collateral security as the deceased’s use of KRW 400 million out of the amount of KRW 70 million loaned from the Korean bank as collateral, the remainder of Defendant B is to be borne by the Deceased up to the amount of KRW 300 million (which is the interest paid by Defendant B.).