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(영문) 춘천지방법원 2016.05.19 2015가단53509
구상금
Text

1. The Plaintiff:

(a) Defendant A: gold 20,725,965 won and, as regards this,

B. Defendant B and C shall be inherited from the network D.

Reasons

1. The following facts are deemed to have been led to the confession by Defendant A pursuant to Article 150(3) of the Civil Procedure Act between the Plaintiff and the Defendant, and there is no dispute between the Plaintiff, Defendant B, and C, or the overall purport of the arguments in the entries in subparagraph 1, and subparagraph 1, and there is no counter-proof.

On September 2, 2005, the Plaintiff was jointly and severally sentenced to the Chuncheon District Court Decision 2005Kadan6085 decided that Defendant A and Non-Party D shall pay to the Plaintiff 22,50,000 won and the amount equivalent to 5% per annum from September 14, 2004 to July 13, 2005, and 20% per annum from the next day to the day of full payment (hereinafter “the instant final judgment”). The instant final judgment became final and conclusive on September 23, 2005.

B. Nonparty D died on November 17, 2013, and Defendant A, Defendant B, and C, the spouse, respectively.

C. On January 28, 2011, KRW 1,774,035 out of the principal of the debt due to the instant final judgment was repaid.

On January 4, 2016, Defendant B and C filed a qualified acceptance report with Nonparty D in the case of the Chuncheon District Court 2016-Ma-Ma3 inheritance limited acceptance, and the said qualified acceptance report was accepted on February 23, 2016.

2. The Plaintiff filed the instant lawsuit in order to extend the extinctive prescription of the claim based on the final and conclusive judgment, and filed a claim against Defendant A for the remainder of the principal amount of the obligation based on the final and conclusive judgment and damages for delay thereof, and for Defendant B and C, the remainder of the principal amount of the obligation and damages for delay thereof according to their respective inheritance shares.

According to the above facts, since the principal amount of the debt of the instant final judgment is KRW 20,725,965 (22,50,000- 1,774,035), the Defendant A and the Defendant B and C jointly with the Defendant A respectively, out of KRW 20,725,965, and KRW 5,921,704 (20,725, 965 X2/7, 765), barring any special circumstance.

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