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(영문) 서울중앙지방법원 2020.03.09 2019가단5017488
판결금 청구의 소
Text

1. The Plaintiff:

(a) Defendant D: 80,000,000;

B. Defendant D within the scope of the property inherited from the network G.

Reasons

1. Facts of recognition;

A. On December 15, 2008, the Plaintiff filed an order for payment (hereinafter “instant payment order”) with Defendant D and deceased G (hereinafter “the deceased”) seeking reimbursement of reimbursement, and on December 15, 2008, the Plaintiff paid 5% per annum from January 4, 2005 to January 23, 2009, and 20% per annum from the following day to the date of full payment. The payment order was finalized on February 7, 2009.

B. 1) Meanwhile, the Deceased died in around 2017, and his heir is Defendant D and F, the spouse of Defendant E and son. 2) However, on January 15, 2018, Defendant E and F reported the qualified acceptance of the deceased’s inherited property (Scheon District Court’s early branch court’s early branch court’s early branch court’s 2018 branch court’s early branch court) and made a decision to accept the qualified acceptance report on March 14, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above findings of determination, the Plaintiff filed the instant lawsuit for the extension of the extinctive prescription period of the instant payment order, Defendant D is jointly and severally liable with Defendant D to the extent of 80,000,000 won for the extension of the extinctive prescription period, and the property inherited from the Deceased (=80,000,000 won x 3/7,000 won x less than KRW 22,857,142 won (=80,000 x less than KRW 2/7,000 x less than KRW 2/7,000), and Defendant F is jointly and severally liable to pay interest rate of 5% per annum from the following day to January 23, 2009, to September 31, 2015; and 15% per annum from the next day to the amendment date of Article 31 of the Special Cases Concerning the Promotion of Legal Proceedings, etc., to the statutory interest rate of 20% per annum under the provisions of Paragraph 13.

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

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