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(영문) 대구지방법원 2019.12.18 2019나3187
구상금
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff and the succeeding intervenor against the defendants.

Reasons

1. Basic facts

A. On May 4, 1998, the Plaintiff filed a claim for indemnity against Codefendant A, Ltd., C, B, and network H in the first instance trial and received from the Daegu District Court on May 4, 1998 the amount of KRW 311,057,187 jointly and severally from the Plaintiff and KRW 300,000,000 among them, from November 28, 1992; KRW 7,948,514 from December 12, 1992 to February 28, 193; KRW 20% per annum from the next day to July 31, 1993; KRW 17% per annum from the next day to January 31, 1998; and KRW 25% per annum from the date to the date of full payment (hereinafter referred to as “the amount of KRW 979% per annum”).

B. The Deceased died on February 21, 2006, and his heir was Defendant F, G, and the first instance co-defendant E, the spouse of Defendant D and his children.

C. Meanwhile, the Defendants, the inheritor of the deceased, and the co-defendant E of the first instance court reported to waive the inheritance of the deceased’s property by Seoul Family Court Decision 2006Ra3273, and the above court accepted the report on the renunciation of inheritance on May 23, 2006.

In order to interrupt extinctive prescription, the Plaintiff filed the instant lawsuit against the co-defendants of the first instance court and the Defendant on March 11, 2008.

E. On September 25, 2014, the Plaintiff’s succeeding intervenor transferred the instant judgment amount claim from the Plaintiff, and notified the Co-Defendant A Co-Defendant Company of the first instance trial.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription against the final and conclusive judgment (Seoul District Court 97Kadan9192) of the lawsuit claiming reimbursement against Codefendant A Co-Defendant A, C, B, and deceased on February 21, 2006. As such, the Defendants, the co-defendant of the first instance court and the deceased’s heir, are liable to pay the amount stated in the above purport of the claim to the Plaintiff.

(b).

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