logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2014.09.04 2013가합932
대여금
Text

1. The defendant 42,857,142 won, plaintiff B, C, D, and E respectively, 28,571,428 won, plaintiff F, 12,24,897 won, and plaintiff G.

Reasons

1. Facts of recognition;

A. The Plaintiff A, B, C, D, E, and Network KK (hereinafter collectively referred to as the “Plaintiffs, etc.”) who is the heir of the deceased J (the deceased on June 7, 1999; hereinafter referred to as the “the deceased”) filed a lawsuit against the Defendant seeking payment of the amount of money due to their respective inheritance shares among the 300 million won above, by asserting that the deceased lent KRW 300 million to the Defendant on November 16, 1998, which was before the death of the deceased, and that the Defendant did not pay the said money.

B. After closing the pleadings on October 10, 2003, the court rendered a favorable judgment on October 31, 2003: “The Defendant shall pay to the Plaintiff KRW 28,571,428 each year from November 16, 1998 to June 23, 2003; and KRW 5% each year from the next day to the day of full payment; and KRW 20% each year from the next day to the day of full payment.” The above judgment was finalized on November 18, 2003.

(hereinafter referred to as “the claim of the Plaintiffs, etc. against the judgment of the previous suit of this case” under the above judgment.

The deceased on January 14, 2007, and the deceased on January 14, 2007, and the heir of the deceased K has Plaintiff F and his children, Plaintiff G and H.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5 and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is a judgment in the previous suit of this case, barring any special circumstances, and 12,24,897 won (=28,571,428 won in the previous suit of this case of the deceased K 28,577,142 won in the previous suit of this case, and 28,571,428 won in the previous suit of this case to the plaintiff A, and 24,897 won in the previous suit of this case against the deceased K (i.e., the judgment in the previous suit of this case of the deceased K 28,571,428 won in the previous suit of this case of this case 3/7,3,265 won in the plaintiff G, and H 8,163,265 won in each of them (=28,571,428 won in the previous suit of this case x 2/7 of the above plaintiffs' inheritance shares) and each of this case 2/7 per annum from 203.

arrow