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(영문) 대구지방법원포항지원 2019.12.17 2019가단103858
공사대금
Text

1. The defendant shall pay to the plaintiff A 13,714,285 won, the plaintiff B, and C for each corresponding amount of KRW 9,142,857 and the corresponding amount.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including additional numbers), it is recognized that the deceased succeeded to the shares of the plaintiff A 3/7, the plaintiff B and C as the shares in the attached Form No. 2/7 for the recovery of claims based on the above judgment, and that the deceased filed a lawsuit for collection against F, who is a third debtor (the debtor against the defendant) for the recovery of claims based on the above judgment, and that the above lawsuit was withdrawn after receiving the principal payment of KRW 28,00,000 from F on May 28, 2009, the deceased succeeded to the shares of the plaintiff A 3/7, the plaintiff B and C as the shares in the attached Form No. 2/7.

Therefore, the defendant is obligated to pay the plaintiff, who is the heir of Eul, KRW 13,714,285 [=32,00,000 won = KRW 60,000 - KRW 28,000 - KRW 28,00,000] x inheritance share of less than KRW 3/7.0,00; hereinafter the same shall apply] 9,142,857 won (= KRW 32,00,000 x 2/7) and the corresponding amount under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 24, 2006 to September 30, 2015; 20% per annum; 15% per annum from the following day to May 31, 2019; and damages for delay calculated by 12% per annum.

The plaintiffs' claims are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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