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Reasons
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(영문) 서울남부지방법원 2019.01.25 2018가단15295
손해배상(기)
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1. The Plaintiff:

A. Defendant B shall pay KRW 158,00,000 as well as 5% per annum from November 30, 2006 to January 30, 2007.

Reasons

1. Facts of recognition;

A. On January 22, 2007, the Plaintiff filed a lawsuit against Defendant B, E, and D with the Seoul Southern District Court Decision 2007Gahap1556, and filed a lawsuit against the said court for the payment of damages, etc. on December 27, 2007, the Plaintiff rendered a judgment of the said court that “Defendant B shall pay to the Plaintiff 158,000,000 won with the interest of 5% per annum from November 30, 2006 to January 30, 207, and 20% per annum from the next day to the day of full payment,” and that “D shall receive 158,00,000,000 won from March 14, 2002 to April 10, 2008, each of the above judgment was finalized with the rate of 20% per annum from the next day to the day of full payment.”

B. D died on September 16, 2016, and at the time of death, there was F, G and Defendant C, a child as a property inheritor.

However, F and G filed a declaration of renunciation of inheritance with the Gwangju Family Court’s 2016-Ma793, and was tried on January 17, 2017 by the said court to accept the said declaration of renunciation. Defendant C filed a declaration of renunciation of inheritance with the same court’s 2016-Ma791, and received the said declaration of qualified acceptance from the said court on January 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Eul evidence 1-2 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B is obligated to pay to the Plaintiff 158,00,000 won with 5% interest per annum from November 30, 2006 to January 30, 2007, and 20% interest per annum from the next day to the date of full payment. Defendant C is obligated to pay 158,000,000 won within the scope of the property inherited from the network D, and 5% interest per annum from March 14, 2002 to April 10, 2008, and 20% interest per annum from the next day to the date of full payment.

3. Thus, the plaintiff's claim against the defendants is justified.

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