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(영문) 서울중앙지방법원 2015.04.07 2013가단5160540
구상금
Text

1.(a)

Defendant Co., Ltd., and A, jointly and severally with the Plaintiff, KRW 1,856,343,183 and KRW 1,782,329,694.

Reasons

1. Determination on the Plaintiff’s claim against the Defendant Co., Ltd. and A

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the plaintiff's claim against the defendant B

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 9 of the judgment as to the cause of the claim, Defendant B is jointly and severally liable to pay the Plaintiff the money stated in the claim, barring any special circumstance.

B. Comprehensively taking account of the overall purport of the arguments in the statement of evidence Nos. 7 as to the judgment on the inheritance limited acceptance defense, Defendant B applied for approval of the inheritance limited period on November 13, 2014 by the Seoul Family Court 2014Ra10809 and received the repair adjudication on January 16, 2015. As such, Defendant B is jointly and severally and severally with Defendant A Co., Ltd., and the Plaintiff 1,856,343,183, and 1,782,329,694 won among them from March 19, 203 to April 16, 2003; Defendant B is jointly and severally obligated to pay 18% per annum from the following day to June 18, 2003; Defendant B is jointly and severally obligated to pay 20% per annum of the annual amount from the next day to June 16, 2003 to the date of the full payment of 16% per annum of this case.

As to this, the plaintiff re-claimed that C had owned land D and E before North Korea as at the time of death, but failed to intentionally enter them in the list of property, and thus, it is insufficient to recognize that Defendant B had not intentionally entered each of the above real estate in the list of property. Since there is no other evidence to acknowledge this differently, the plaintiff's re-claim has no merit.

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