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(영문) 춘천지방법원강릉지원 2019.06.05 2018가단36256
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff, and KRW 123,800,465 within the scope of the property inherited from the deceased C, as well as the plaintiff.

Reasons

1. In full view of the facts that there is no dispute between the parties to the judgment on the cause of the claim, and the purport of the entire arguments in Gap1 through 6, the plaintiff filed a lawsuit against Eul, D, and Eul with the court of 2008dada9507, Nov. 26, 2008, "C, D, and B shall jointly and severally pay the amount of KRW 123,80,465, and the amount of KRW 40,000,000 per annum from June 3, 2008 to the day of full payment," and the above judgment was sentenced to the court of 19.5% per annum from June 3, 2008, "C, D, and B shall pay the amount of KRW 123,80,465, and the amount of KRW 40,000,000,000 per annum from June 16, 2008, C died on October 15, 2018, the remaining heir may be acknowledged by the court of this court.

According to the above facts of recognition, the defendant is jointly and severally with B, and the plaintiff is obligated to pay to the plaintiff 123,80,465 won and 40,000,000 won among them within the scope of the property inherited from the deceased C and 19.5% per annum from June 3, 2008 to the date of complete payment. The plaintiff applied for a payment order on October 25, 2018, which is before the expiration of 10 years from the date the above final judgment became final and conclusive, for the interruption of the prescription of the claim based on the above final and conclusive judgment, and therefore, the lawsuit of this case is filed for the interruption of the extinctive prescription, and there is a benefit in the lawsuit.

2. According to the conclusion, the Plaintiff’s claim of this case shall be accepted on the grounds of its reasoning, and in light of the process of litigation and the modification process of the purport of the claim, the litigation cost shall be borne by each party and

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