(영문) 광주지방법원해남지원 2016.11.01 2016가단2014

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(영문) 광주지방법원해남지원 2016.11.01 2016가단2014

구상금

Text

1. The plaintiff

A. The defendant A and C jointly share KRW 1,207,617,743 and 305,929,226 among them.

Reasons

1. Facts of recognition;

A. In the case of Gwangju District Court 2006Kadan2006Kadan200, the Plaintiff sought reimbursement against Defendant A Co., Ltd. (hereinafter “Defendant Company”) and G, etc., the amount of money calculated by the ratio of KRW 570,656,332 jointly and severally for KRW 305,929,226 from December 28, 2005 to April 19, 2006 and the amount of money calculated by the rate of KRW 15% per annum from the next day to the day of full payment was determined on June 30, 2006 and determined on July 27, 2006.

(hereinafter referred to as “the final and conclusive judgment of this case”).

G was deceased on February 19, 2013, and Defendant D, E, and F, the wife, succeeded to G.

C. On March 21, 2013, Defendant B, D, E, and F reported inheritance approval on the inheritance due to G’s death and received a judgment accepting it on April 16, 2013.

As of June 20, 2016, the amount not repaid out of the obligations under the final judgment of this case is KRW 1,207,617,743, and the principal is KRW 305,929,226.

E. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim according to the final judgment of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant company and C shall be jointly and severally liable to the plaintiff, and the defendant company and C shall be jointly and severally liable to 1,207,617,743 won and 305,929,226 won among them. The defendant Eul shall be jointly and severally liable to the defendant company and C within the scope of property inherited from G 402,539,247 won (=1,207,617,743 won x 3/930) and 101,976,408 won among them (=305,929,226 won x 3/9), and the defendant D, E, and F shall be jointly and severally liable to the defendant company and C for 268,359,498 won among them x 207,617, 717, 717, 717 x 2929, 29632 and 27.29

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