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(영문) 전주지방법원 2016.04.26 2015가단9723
가지급금반환
Text

1. The Plaintiff:

A. Defendant A, B, and D are within the scope of the property inherited from one network E, each of which is KRW 19,891,384.

Reasons

1. Facts of recognition;

A. The network E (hereinafter “the deceased”) and the Defendants filed a lawsuit against the Plaintiff seeking damages. On September 11, 2013, the judgment was issued with a provisional execution (hereinafter “instant judgment”) stating that “The Plaintiff shall pay to the Deceased 160,148,083 won, Defendant A, B, C, and D each amount of KRW 5,00,00 per annum from July 1, 201 to September 11, 2013, 5% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment.”

(Seoul Central District Court 2012 Gohap505315).b.

On September 27, 2013, the Plaintiff paid KRW 201,469,720 (hereinafter “instant provisional execution money”) to the Deceased and the Defendants according to the instant judgment.

C. In response to the instant judgment, the Plaintiff, the Deceased, and the Defendants appealed, and the Deceased died on November 10, 2014 while the lawsuit is pending, and the Defendants, the inheritor of the Deceased, took over the lawsuit against the Deceased in the said lawsuit.

On February 5, 2015, the Defendants were sentenced to the judgment that “the Plaintiff shall pay to the Defendants each amount of KRW 25,747,230 (i.e., KRW 22,372,230,00 in the share of KRW 375,00 in property damage) and each of the above amounts, 5% per annum from July 1, 201 to February 5, 2015; and 20% per annum from the next day to the date of full payment (Seoul High Court 2013Na2021831); and the above judgment became final and conclusive on February 25, 2015.

As the Deceased died on November 10, 2014, the Defendants (1/4 of the inheritance portion) who are their children jointly succeeded to the property. Defendant A, B, and D (hereinafter “Defendant A, etc.”) filed a report on the inheritance limit on February 9, 2015, and the said report was accepted on May 1, 2015.

(Y) The attached list of inherited property attached to the above judgment (U.S. District Court Decision 2015Ra202) stated only the obligation to return the provisional payment of the judgment amounting to KRW 79,586,014 against the deceased as a small property, and the said judgment was finalized on May 4, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, and Eul.

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