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(영문) 서울중앙지방법원 2019.06.13 2018가단5010466
양수금
Text

1. The Defendants are jointly and severally liable, and Defendant C shall be KRW 70,000,000 to the Plaintiff within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. On December 10, 2008, Co., Ltd. filed a lawsuit seeking acquisition money against D and Defendant B, and received a judgment on December 10, 2008, stating that “D and Defendant B jointly and severally filed a lawsuit with the Plaintiff with respect to KRW 995,483,796 and KRW 940,00,000 from July 31, 2003 to December 6, 2008 and KRW 5% per annum from the next day to December 6, 2008, and KRW 20% per annum from the day to the day of full payment.” The judgment became final and conclusive on December 25, 2008.

(C) Sungnam District Court 2008Gadan41849). (b)

On April 22, 2010, the Plaintiff acquired the claim under the above judgment from Co., Ltd. E, and at that time notified D and Defendant B of the transfer of the claim.

C. D Deceased on October 15, 2014, and F, its children, was tried to report and repair the renunciation of inheritance (U.S. District Court Decision 2014Mo579). The Defendant C reported the inheritance-limited approval and received a judgment to repair it.

(U.S. District Court 2015Ra23). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 4, the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable, and Defendant C is jointly and severally liable to pay 70,000,000 won and damages for delay calculated at the rate of 20% per annum from December 7, 2008 to the date of full payment, as requested by the Plaintiff, to the extent of the property inherited from the network D.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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