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(영문) 서울중앙지방법원 2015.04.15 2014가단147068
양수금
Text

1. The Plaintiff:

A. As to Defendant D’s KRW 185,246,052 and KRW 50,000,00 among them:

B. Joint with Defendant D;

Reasons

Attached Form

The facts as to the cause of the claim (excluding the part concerning Nonparty G and Defendant C among the part concerning the deceased E’s heir and inheritance shares) do not conflict between the Plaintiff, Defendant A, B and D, and the Plaintiff and Defendant C may be acknowledged in full view of the overall purport of the pleadings between the Plaintiff and the Defendant C.

Thus, Defendant D is a joint and several surety for the network E and the principal of KRW 185,246,052 and the principal of KRW 50,00,00 among them, Defendant A, B and C are liable to pay damages for delay calculated at the rate of KRW 61,748,684, each of which falls under the respective inheritance shares (1/3) as the heir of the network E, and KRW 16,666,666, among them, as well as KRW 16,66,66, and each of them, from June 10, 2014 to the date of full payment.

(However, Defendant A and B are liable to pay each inherited property from the network E only within the scope of the inherited property). Accordingly, the Plaintiff’s claim against the Defendants of this case against the Defendants is justified.

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