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(영문) 서울동부지방법원 2017.07.13 2016가단142589
손해배상(기)
Text

1. Defendants, the Defendant (Appointeds) and the appointed parties, F, G, and H jointly and severally with the Plaintiff KRW 136,619,316 and 38,374 among them.

Reasons

1. Facts of recognition;

A. On June 13, 2003, I et al. filed a lawsuit against Defendant B, C, D, Defendant (Appointed Party; hereinafter “Defendant”) and Appointed F, G, and H (hereinafter collectively referred to as “Defendants”) for damages, etc. under the Seoul Eastern District Court 2003Gahap5144. On May 18, 2005, the above court rendered a judgment that “the Defendant jointly and severally agreed to I for 38,374,736 won and its related amount, five percent per annum from November 1, 200 to April 26, 2005, and twenty percent per annum from the next day to the day of full payment,” and the above judgment became final and conclusive through the appellate court’s procedure under the Seoul High Court Decision 2005Na59811, Dec. 31, 2006.

(hereinafter “the final judgment of this case”). (b)

I died on May 11, 2015, and on May 30, 2016, the Plaintiff (spouse), J, K, L, and M (children) agreed on the division of inherited property on May 30, 2016 and agreed on the Plaintiff’s sole inheritance of claims based on the instant final judgment.

C. As of May 31, 2017, the amount of claims based on the final judgment of the instant case remains 38,374,736 won as it is, and the total amount of damages for delay remains 98,24,580 won [=8,605,403 won 8,607 days from November 1, 200 to April 26, 2005 + 38,374,736 won 】 5% 】 1637 days 】 1637 days 】 1635 days 】 3807 days 80,050,750 won from April 27, 2005 to September 30, 2015 】 3750,750 days x 3785 days x 165 days x 385 days x 285 days x 165 days x 365 days 2075 days x 285 days / 15 days / 207.36 days / 15 days .75 days / .

[Grounds for Recognition: Defendant B - the remainder of the Defendants deemed as confession - The purport of the entire pleadings and arguments as stated in each of the evidence Nos. 1 through 4]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally filed a lawsuit against the Plaintiff (i.e., the principal amount of KRW 38,374,736 plus KRW 98,244,580) and the principal amount of KRW 38,374,736, which is the date following the date of settlement, from June 1, 2017 to the date of full payment.

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