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1. The Defendants are jointly and severally liable to the Plaintiff for 64,00,000 won and its amount from September 14, 1998 to April 3, 2009 16.
Reasons
1. Facts of recognition;
A. On July 23, 2009, the Plaintiff filed a lawsuit against Defendant B Co., Ltd. (hereinafter “Defendant Company”), E Co., Ltd., network D (hereinafter “the network”), and Defendant C with the Daegu District Court Decision 2009Kadan21048, which rendered a decision that “the Plaintiff shall pay to the Plaintiff 300,000,000 won jointly and severally with the Defendant Company and E Co., Ltd, the Deceased, and the Defendant C with the amount of 16.5% per annum from September 14, 1998 to April 3, 2009, and 25% per annum from the following day to the date of full payment,” and that the decision was finalized on September 2, 2009.
(hereinafter referred to as "a claim held by the plaintiff due to the confirmation of the above judgment". B.
The Deceased died on October 6, 2015.
The Deceased, as his wife, had F, G, H, and I with Defendant C, H, and I. F, G, H, and I filed an application for renunciation of inheritance with respect to the deceased’s property under the Daegu Family Court Decision 2015-Ma3483, respectively, and received the said report from the above court on January 19, 2016.
Defendant C filed an application for a qualified acceptance trial with the Daegu Family Court 2015-Ma3699, and was tried on February 16, 2016 by the said court to accept the report of qualified acceptance.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1-5, Gap evidence 3-1-5, Eul evidence 1-2, Eul evidence 2-2, and the purport of the whole pleadings
2. Determination
A. The Plaintiff filed the instant lawsuit to extend the prescription period for the judgment claim.
According to the above facts of recognition, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff KRW 64,00,000,000 and damages for delay calculated at the rate of 16.5% per annum from September 14, 1998 to April 3, 2009 and 25% per annum from the next day to the day of full payment. Defendant C is liable to pay the amount within the scope of the property inherited from the network D.
(b).