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(영문) 서울중앙지방법원 2020.08.18 2019가단55126
손해배상 청구의 소
Text

1. The Defendants, within the scope of the property inherited from the network E, amounting to KRW 35,00,000, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against E in 1998, and the Seoul Central District Court rendered a judgment on October 15, 1999 that "E shall pay to the plaintiff 70,000,000 won with 5% interest per annum from April 1, 1997 to October 15, 1999 and 25% interest per annum from the next day to the date of full payment."

(Seoul Central District Court 98Gahap68360, hereinafter referred to as "the first judgment"). (b) Since E did not perform its obligation even after the first judgment, the Plaintiff filed a lawsuit against E to the same effect as the first judgment for the interruption of extinctive prescription, and on December 4, 2009, the Plaintiff was sentenced to a judgment in favor of all of the Plaintiff and became final and conclusive as it is (hereinafter referred to as "the second judgment").

E (F) The deceased on April 10, 201, and the Defendants, as the deceased’s heir, are children.

Defendant C, February 13, 2020, and Defendant B, June 23, 2020, respectively, accepted the inheritance of the property to the network E.

On December 3, 2019, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription against the network E based on the above second judgment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 9, Eul evidence Nos. 1, 2 and 3 (including additional numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, although the judgment in favor of the Defendants against the deceased E, the inheritee, was finalized, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription, the interest in the lawsuit is recognized.

Ultimately, within the scope of the property inherited from the network E, the Defendants are obligated to pay to the Plaintiff 35,00,000 won each per annum from April 1, 1997 to October 15, 1999, 5% per annum, and 25% per annum from the next day to the date of full payment.

B. The plaintiff is the deceased E-.

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