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(영문) 청주지방법원 제천지원 2018.11.21 2018가단875
청구이의
Text

1. The Defendant’s Cheongju District Court Decision 201Na31401 decided Nov. 29, 2017 (hereinafter “Cheongju District Court”) against the Plaintiff.

Reasons

1. Basic facts

A. The net C died on June 5, 2017.

Plaintiff, D, and E are the successors of the network F, and each inheritance share is 1/3.

B. The defendant is the creditor of the net C.

On June 12, 2017, the Defendant, the Plaintiff, D, and E consulted with the effect that “The Defendant waives the net C’s share of 1% in respect of G low-priced vehicles with the net C 1% and the Defendant’s share of 99%.”

C. On November 29, 2017, the Defendant filed a lawsuit against the Plaintiff, D, and E seeking a loan, and paid to the Plaintiff money of KRW 3,33,333 per annum per annum for each of them within the scope of the property inherited from the network C, and KRW 15% per annum from September 9, 2017 to the date of full payment. Of the litigation costs, 1/5 of the litigation costs is the Plaintiff, the remainder is borne by the Plaintiff, D, and E, and the above judgment became final and conclusive at that time.

(In Cheongju District Court Decision 2017 Ghana31401 Loan case) d.

On August 18, 2017, Plaintiff, D, and E filed a qualified acceptance report and accepted it on October 12, 2017.

E. On March 12, 2018, the Plaintiff paid KRW 4,250,222 to the Defendant as debt repayment.

F. According to the Decision of July 12, 2018, rendered by the Cheongju District Court Decision 2017Gau31401, the amount of the litigation cost to be reimbursed to the Defendant by the Plaintiff, D, and E is KRW 740,843,00.

(No. 1, 2, 3, 5, 7, and 8 of Cheongju District Court Decision 2018Kaba03. [Recognizing Facts] 1, 2, 3, 5, 7, and 8 of Cheongju District Court Decision 201, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the qualified acceptance was made and the case pertaining to loans 2017 Ghana31401 rendered by the Cheongju District Court.

1.(c)

was sentenced to the same judgment as the statement in the claim.

The active property of the deceased is KRW 8,00,000, and if the deceased distributed dividends to the creditors, the money that the defendant received by distributing dividends to the creditors is KRW 2,80,000. Of these, the money that the plaintiff has to pay is KRW 93,333 (=2,80,000 x 1/3 of the inheritance shares).

The plaintiff on March 12, 2018, the defendant 4,250.

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