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(영문) 서울중앙지방법원 2015.02.06 2014가단5283037
양수금
Text

1. The Plaintiff:

A. Defendant A’s 60,896,633 won and its equivalent at the rate of 20% per annum from September 15, 2004 to the full payment.

Reasons

1. Basic facts

A. On October 26, 2004, the Plaintiff filed a lawsuit against Defendant A and deceased E with the Seoul Central District Court 2004Kadan224201, and rendered a judgment in favor of the Plaintiff on October 26, 2004 that “the Defendant jointly and severally pays to the Plaintiff 60,896,633 won and the amount equivalent to 20% per annum from September 15, 2004 to the full payment date,” and the above judgment became final and conclusive.

B. The deceased on May 12, 2014, and jointly inherited the shares of Defendant B, C, and D, each of their children, as their respective shares of 1/3. The said Defendants filed an application for approval of inheritance limited recognition with the District Court 2014 Madan1103.

[Ground of recognition] Evidence No. 1, Eul No. 1, Eul No. 2, 3, the purport of the whole pleadings

2. According to the above facts, Defendant A is liable to the Plaintiff: (i) the amount of KRW 60,896,633, which is the above judgment, and the amount calculated by the ratio of 20% per annum from September 15, 2004 to the full payment date; (ii) Defendant B, C, and D, who are the deceased F’s inheritors, jointly and severally with Defendant A within the scope of the property inherited from the deceased F, for each inheritance share; (iii) the amount of KRW 20,298,877 (i) the principal and interest of KRW 60,896,63 x inheritance share 1/3) the following day following the delivery of an application for change of claim and cause of the above judgment x inheritance share 1/3); and (iv) the above Defendants are liable to pay damages for delay by the rate of 5% per annum from the day following the date of the sentencing of this case until February 6, 2015, which is the date of completion of the litigation.

(3) The plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition that the plaintiff's claim of this case is without merit.

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