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1. Defendant B’s KRW 45 million and its relation to the Plaintiff’s KRW 20% per annum from July 30, 2008 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On September 25, 2008, the Plaintiff’s final and conclusive judgment on the Plaintiff’s net F and Defendant B rendered a favorable judgment that “The Plaintiff shall jointly and severally pay to the Plaintiff the amount of KRW 45 million and the amount of money calculated at the rate of KRW 20% per annum from July 30, 2008 to the full payment date,” and the above judgment became final and conclusive around that time.
B. The deceased F was dead on June 26, 2010 after the process of the action, and the deceased F was deceased on June 26, 2010. The deceased’s heir is Defendant C (the deceased’s wife 3/9 shares in inheritance), Defendant B (the deceased’s wife 2/9 shares in inheritance), D (the deceased’s shares in inheritance 2/9), and E (the deceased’s shares in inheritance 2/9).
On the other hand, on January 8, 2018, the Plaintiff filed the instant lawsuit against the Defendants in order to discontinue the completion of the extinctive prescription of the above claim based on the above final judgment.
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 4, and the purport of the whole pleadings】
2. According to the facts of the determination as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff 45 million won and its 20% per annum from July 30, 2008 to September 30, 2015; and 15% per annum from the next day to the full payment date as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Defendant C is obligated to pay to the Plaintiff 15 million won per annum from July 30, 2008 to September 30, 2015 with the amount equivalent to the inheritance share of netF debt, 15 million won per annum from the day after July 30, 2008 to September 30, 2015; Defendant D, from the next day to the day after the full payment date, to the day after 30% per annum from the day after July 30, 200 to the day after September 30, 2008 to the day after 30 million won per annum.