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(영문) 서울중앙지방법원 2017.04.27 2017나7766
대여금 등
Text

1. The part against the Defendants in the judgment of the first instance among the judgments shall be modified as follows upon the claim changed in the trial.

Reasons

1. Basic facts

A. On September 1, 2006, the plaintiff in the previous suit filed a lawsuit against the co-defendant E and the deceased D (hereinafter "the deceased") for the claim for loans, etc. with the Jeonju District Court 2006da101010 on September 1, 2006, and "the defendant and the deceased shall jointly and severally pay to the plaintiff 19,351,494 won and 6,041,793 won with interest of 19% per annum from August 25, 2006 to the day of full payment" (the judgment was pronounced by service by public notice). The above judgment became final and conclusive on December 20, 206.

(hereinafter referred to as “final and conclusive judgment”). (b)

After that, on February 22, 2016, the Plaintiff filed the instant lawsuit identical to the previous suit for the interruption of extinctive prescription of a claim based on the final judgment of the previous suit. Upon having become aware that the deceased died on November 3, 2013, the Plaintiff’s indication of “Defendant D” was corrected as the Defendants, the deceased’s heir, and the instant judgment of the first instance court was rendered on December 21, 2016.

C. Meanwhile, following the death of the deceased, the Defendants inherited the deceased’s property. The Defendants filed a report on the inheritance limited recognition with the Jeonju District Court 2016 Ma1202, which reported on January 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. In accordance with the res judicata of the final and conclusive judgment, the Deceased is jointly and severally obligated to pay to the Plaintiff KRW 19,351,494 and KRW 6,041,793 among them, to the Plaintiff at a rate of 19% per annum from August 25, 2006 to the date of full payment. Since the Defendants inherited the deceased’s property, the Defendants inherited the inherited property, the Defendants jointly and severally with E within the scope of the property inherited from the Deceased, amounting to KRW 6,450,498 (= KRW 19,351,494 x 1/3) and 2,013,931 (=6,041,793 x 1/3) as to each statutory share of the Plaintiff’s property pursuant to the final and conclusive judgment of the previous suit, the Defendants jointly and severally with E within the scope of the property inherited from the Deceased.

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