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(영문) 대전지방법원 2017.05.10 2017가합128
손해배상(기)
Text

1. The Defendant: (a) KRW 46,222,222 for each of the plaintiffs (appointed parties), the appointed parties C, and D; and (b) KRW 69,33,334 for the appointed parties E and the above.

Reasons

1. The basis for the request;

A. On August 2004, the Defendant embezzled KRW 208,000,000 in money of net F (hereinafter “the deceased”).

B. The deceased filed a lawsuit against the defendant as Seoul Western District Court 2007Gahap2664, and the above court rendered a judgment on July 23, 2007 that "the defendant shall pay to the plaintiff 208,000,000 won with interest of 20% per annum from May 10, 2007 to the day of full payment" and the above judgment became final and conclusive on August 14, 2007.

C. On September 7, 2010, the Deceased died, and the Plaintiff (Appointed Party) and the designated parties, who are the inheritors of the Deceased, were inherited at the ratio of 3/9 of the designated parties E, the remaining designated parties, and the Plaintiff (Appointed Party) inherited at the ratio of 2/9, respectively.

[In the case of Appointed E, it shall be cut off to below the decimal point (69,33,34 won = 208,00,000 won x 3/9), in the case of the remaining designated parties and the Plaintiff (Appointed Party), it shall be cut off to the decimal point (46,22,222,00 won = 20,000 won x 2/9).

The Plaintiff (Appointed Party) and the designated parties filed the instant lawsuit in order to suspend the statute of limitations of claims based on the above final judgment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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