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(영문) 대전지방법원 2017.10.25 2016가단28733
어음금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 38,307,00 and 30% per annum from May 5, 2006 to September 27, 2006.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against Defendant B and Sel Comprehensive Construction, and D with the Daejeon District Court Decision 2006Kadan60752, Nov. 10, 2006, the judgment of the court below that “The Plaintiff shall pay to the Plaintiff 38,307,00 won jointly and severally with the Defendant B, Sel Comprehensive Construction, and D the amount of money calculated at the rate of 20% per annum from May 5, 2006 to September 27, 2006, and 30% per annum from September 28, 2006 to September 27, 2006.” The above judgment became final and conclusive around that time.

B. D died on June 22, 2012.

On November 12, 2012, Defendant C, E, E, and F, the child of Defendant C, E, E, and F, were adjudicated to waive inheritance by the Seoul Family Court 2012 saw-Ma7852, and Defendant C received a judgment to accept an inheritance acceptance by the Seoul Family Court on November 15, 2012.

[Reasons for Recognition] Regarding Defendant B: The fact that there is no dispute against Defendant C, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant C, the inheritor of Defendant B and network D, jointly and severally, shall be paid to the Plaintiff 38,307,00 won and the amount calculated at the rate of 30% per annum from May 5, 2006 to September 27, 2006, and 20% per annum from September 28, 2006 to September 28, 2006, and Defendant C shall be liable to pay the said money within the scope of the property inherited from the network D.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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