(영문) 인천지방법원부천지원 2016.06.16 2015가단26759

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(영문) 인천지방법원부천지원 2016.06.16 2015가단26759

손해배상(기)

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1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2006, the Plaintiff filed a lawsuit against the deceased G with the Jeonju District Court 2004Kadan963, which stated that “The deceased G shall pay to the Plaintiff 64,618,933 won and the amount calculated by applying each rate of 5% per annum from September 21, 2001 to February 1, 2006, and 20% per annum from the next day to the day of full payment” (hereinafter “the preceding judgment”), and the above judgment became final and conclusive.

B. The deceased G died on August 10, 2008. The Defendants filed a qualified acceptance report with the Jeonju District Court Branch 2008Ra691, Nov. 6, 2008, and the said qualified acceptance report was accepted, and on November 12, 2008, notified H of the qualified acceptance and the report on the claim of claims.

C. The Plaintiff filed a lawsuit against the Defendants to claim payment of the net G’s obligation to the Plaintiff according to the respective inheritance shares as the Busan District Court Branch Decision 2014Ga2246, and in the said litigation proceedings, on January 31, 2015, the decision to recommend settlement that “the Defendant shall pay to the Plaintiff 12,923,786 won and its amount within the scope of the property inherited from the network G, 5% per annum from September 21, 2001 to February 1, 2006, and 20% per annum from the next day to the date of full payment” (hereinafter “decision to recommend settlement of this case”).

Based on the decision of recommending reconciliation of this case, the Plaintiff filed an application for the attachment and collection order against Defendant F’s deposit claims as Suwon District Court 2015TT15.15610, but the said court dismissed the application for the attachment and collection order on August 18, 2015 on the ground that it is not clearly explained whether F’s deposit claims were inherited from the deceased G.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The plaintiff is the primary cause of the claim.

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