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Reasons
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(영문) 의정부지방법원 2020.04.23 2019가합58957
약정 이자금
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1. Defendant D Market Reconstruction Association shall grant Plaintiff A KRW 67,710,030 and KRW 24,214,280 among them, Plaintiff B and C.

Reasons

1. Facts of recognition;

A. The net G filed a lawsuit against the Defendants on October 29, 2009 by the District Court 2009Gahap4852, and was sentenced to the following judgment on October 29, 2009.

(hereinafter “previous Judgment”). The Defendant D Market Reconstruction Association appealed against this, but was sentenced to the dismissal of appeal on September 10, 2010 (Seoul High Court 2009Na114310), and the previous judgment with respect to Defendant D Market Reconstruction Association on October 9, 2010, and with respect to Defendant E (H before its name) on November 24, 2009.

1. To the net G:

A. Defendant D Market Reconstruction Association shall pay 56,500,000 won and 5% per annum from May 13, 2009 to October 29, 2009 and 20% per annum from the next day to the day of complete payment;

B. Defendant E shall pay 61,500,000 won and 20% interest per annum from May 13, 2009 to the day of complete payment within the scope of the property inherited from the net F.

2. The plaintiff's remaining claims against the defendants are dismissed.

Each final decision was made.

B. On August 9, 2015, the network G died on August 9, 2015, and the Plaintiff B and C, the spouse of the network G, succeeded to the Plaintiff B and C’s property.

[Ground for recognition] Defendant D market reconstruction association: The fact that there is no dispute over Defendant E, each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination as to the claim against the defendant D market reconstruction association

A. 2/7 shares in the Plaintiff A (24,214,280 Na) against the Plaintiff’s principal amounting to 56,50,000 won of the previous judgment (ended) : 16,214,280 won: 16,142,850 Da 16,142: 16,850 won: 16,142,850 won) interest in arrears (2) (5% per annum from May 14, 2009 to October 29, 2009 to 20% per annum from October 30, 2009 to September 30, 2015; 20% per annum from October 1, 2015 to September 14, 2015 to 14; 20% per annum from October 21, 2015 to 319,519).

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