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(영문) 서울중앙지방법원 2016.05.24 2015가단5301055
양수금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally 30,255,205 won and 30,000,000 won among them.

Reasons

1. As to the claim against the defendant A, B, and C

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) The applicable provisions of Acts (1) against Defendant A and C: Judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act) (Article 208 (3) 2) (2) against Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the claims against Defendant D and E, the facts stated in the separate sheet “the cause for the claim” and “Inheritance relationship” are either disputed between the parties, or can be recognized by comprehensively taking account of the overall purport of each statement and pleading set forth in the evidence set forth in subparagraphs 1 through 3 (including additional numbers), Defendant D and E are liable to pay to the Plaintiff 10,085,068 won as the heir of the network F and each of their 10,000,000 won as the heir of the Plaintiff, and 16.8% per annum from December 31, 2001 to the day of full payment, and (2) as the heir of the network G, the amount of money calculated at the rate of 16.8% per annum from December 31, 201 to the day of full payment.

However, Defendant D, E, the heir of the network F, and the network G, for which the qualified acceptance was made on each inheritance, may be recognized by either dispute between the parties, or by taking account of the overall purport of each entry and pleading in the evidence Nos. 1 and 2 (including the serial number) and the whole purport of the pleading. As such, Defendant D, E, within the scope of the property inherited from the network F, is liable to perform the obligations of the above Paragraph (1) and to perform the obligations of Paragraph (2) within the scope of the property inherited from the network G.

Therefore, the plaintiff's claim against the defendant D and E is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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