logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.10 2014가단142438
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete payment of KRW 200,000,000 and KRW 100,000,000 among them from January 22, 2015.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Cases where deemed that the reasons for judgment are omitted, other than matters necessary to specify the claims (Article 208 (3) 2 of the Civil Procedure Act)

2. Claim against the defendant B

A. The facts in the separate sheet on the grounds of the claim and the facts in the separate sheet on July 6, 2006, C died with D, E, F, G, and Defendant B as inheritor on July 6, 2006. The remaining Defendants, except Defendant B, are obligated to pay damages for delay calculated at the rate of 20% per annum (the rate sought by the Plaintiff within the limit of 24% per annum from January 22, 2015, the next day following the last delivery of the written request for changes in the claim and the final delivery day of the written request for changes in the cause of the claim, as well as the rate of damages for delay calculated by the Plaintiff within the limit of 20% per annum from January 22, 2015 to the date of full payment (the delay damages rate of the judgment in the previous suit).

B. Defendant B’s defense asserted that the report of the inheritance limited acceptance was accepted, so it can be acknowledged that Defendant B’s report of the inheritance limited acceptance was accepted by the Busan District Court’s branch court’s 2006-Ma2458 trial, and Defendant B is liable to perform the above obligation only within the limit of the property inherited from the deceased C. Accordingly, Defendant B’s assertion that points out this issue is with merit.

3. Therefore, the plaintiff's claim against the defendant A is justified, and the claim against the defendant B is partially accepted within the above scope of recognition, and the remainder is dismissed as there is no reasonable ground.

arrow