beta
Text
1. The Plaintiff:
A. As to Defendant B’s KRW 39,000,000 and as to this,
B. Defendant C and D shall have the net F (G)’s inherited property.
Reasons
1. Facts of recognition;
A. In the case of loan claim filed by the Plaintiff against F and Defendant B, this Court rendered a judgment on January 6, 2009 that "the Defendant jointly and severally held 39,000,000 won and interest thereon to the Plaintiff, 6% per annum from November 29, 1995 to April 21, 1998, 25% per annum from the next day to December 18, 2008, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on January 29, 2009.
B.F died on February 4, 2010 without paying the above debt.
C. On July 23, 2010, Defendant B and their children, the deceased F’s heir, filed an application for the approval of inheritance limited status with the Seoul Family Court 2010 Ma6255, which was the deceased F’s heir, and the above court tried to accept it on August 19, 2010, and the above judgment became final and conclusive around that time.
The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription against a claim based on the foregoing final judgment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 39,00,000 and the amount of KRW 39,00,00,00, and the amount of KRW 11,142,857 out of the above amount jointly and severally with Defendant B (=39,00,000,000 x 2/7 of the inheritance x 6% per annum from November 29, 1995 to April 21, 1998; and damages for delay calculated at the rate of 20% per annum from the next day to December 18, 208; and damages for delay from the next day to the date of full payment.
3. The plaintiff's claim against the defendant B is accepted. The plaintiff's claim against the defendant C and D is accepted within the scope of the above recognition, and the remainder is dismissed. It is so decided as per Disposition.