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(영문) 서울중앙지방법원 2017.09.15 2016가단5145535
양수금
Text

1. The Defendants, within the scope of the property inherited from the deceased C by the Plaintiff, shall not exceed 47,088,788 Won and one of them 16,288.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1, as to the cause of the claim, the facts as to the cause of the claim, the changed cause of the claim, and the deceased C (hereinafter “the deceased”) died on September 16, 2006. The Defendants filed a report on special recognition of inheritance with Jeonju District Court Support 2016Ra260, and on November 10, 2016, and the above report was accepted on November 10, 2016. As such, the Defendants are obliged to pay damages for delay calculated from February 18, 2016 to the date of delivery of a copy of the complaint of this case from February 18, 2016 to August 15, 2016, respectively.

2. Judgment on the defendants' assertion

A. The first assertion asserts to the effect that the Defendants cannot respond to the Plaintiff’s claim of this case since the Plaintiff’s claim of this case was extinguished by prescription.

According to the evidence evidence Nos. 2 and 4, Han Bank filed a lawsuit against the deceased on June 28, 2006 against Daejeon District Court's 2006dan10725, Han Bank. The above court ruled on June 28, 2006 that "the defendant (the deceased) shall pay to the plaintiff (a single bank) 33,637,459 won and 33,000,000 won with interest of 19% per annum from March 17, 2006 to the day of complete payment, and 1,028,053 won and 990,795 won which were calculated at the rate of 28% per annum from March 17, 2006 to the day of full payment (the above judgment of the court below 2016.16.06.06.06.16.06.

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