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(영문) 의정부지방법원 2020.02.06 2019가단14301
구상금
Text

1. Defendant F shall pay to the Plaintiff KRW 76,758,00 per annum from August 29, 1997 to May 26, 1999.

Reasons

1. The Plaintiff’s portion of the claim against the Defendant D and E filed a lawsuit against the Defendant F with the competent District Court 2009da13293. On July 17, 2009, the court held that “the deceased and the Defendant F shall jointly and severally serve as the Plaintiff 76,758,000 won, and the deceased shall be 5% per annum from August 29, 1997 to May 26, 1999; 25% per annum from the following day to June 25, 2009; 20% per annum from the 196th day to the date of complete payment; 30% per annum from the 196th day to the date of complete payment; 4% per annum from the day following the date to May 26, 1997; and 19% per annum from the date to the date of complete payment; and 20% per annum from the date to the date of each of the above inheritance.”

According to the above facts of recognition, Defendant D and E succeeded to the obligation based on the above judgment within the scope of the property inherited from the deceased according to the inheritance share ratio.

Therefore, within the scope of the property inherited from the deceased, Defendant D, jointly and severally with Defendant F, shall be 30,70,200 won (i.e., KRW 76,758,000 x 2/5 shares in inheritance); Defendant E shall be 46,054,800 won (i.e., KRW 76,758,00 x 3/5 shares in inheritance x 3/5 shares in inheritance); and each of the above money shall be 5% per annum from August 29, 197 to May 26, 199; and 25% per annum from the following day to June 25, 2009.

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