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(영문) 대전지방법원 2018.07.04 2018가단7297
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 45,374,69 and KRW 2,287,932 of them:

B. Defendant B, C, and D are Defendant A.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: It shall be as shown in the changed cause of claims; and

(b) Applicable provisions: Article 208 (3) 2 of the Civil Procedure Act;

2. Claim against Defendant B, C, and D

A. On July 14, 2008, the Plaintiff filed a lawsuit for claim for indemnity amount under the Daejeon District Court 2008Gaso142638 with Defendant A and Dong E as the Defendant around 2008, and decided to recommend performance on July 14, 2008 that “The Defendant jointly and severally pays to the Plaintiff 29,180,134 won and 10,872,581 won, whichever is 27% per annum from August 21, 2003 to the day of full payment,” and the above decision was made on performance recommendation with respect to Dong E.

8.7. Finality was established.

2) The deceased on January 8, 2015, prior to the filing of the instant lawsuit, the deceased on January 8, 2015. The deceased’s heir had Defendant B, C, and D, who is his/her child. On February 3, 2015, the said Defendants filed a report of inheritance-based approval on inheritance of the deceased deceased’s property under the Daejeon Family Court Decision 2015-Ma239, and received the said report on March 17, 2015. (In the absence of dispute over the grounds for recognition, evidence No. 6, each entry of evidence No. 1, and the purport of the entire pleadings.

B. According to the above facts of determination as to the cause of the claim, since the above Defendants had qualified acceptance as to the inheritance of the deceased E’s property, they are obligated to perform the obligations under the resolution of performance recommendation by the Daejeon District Court 2007Kadan19034, which became final and conclusive within the limit of the property inherited from the network E.

Therefore, Defendant B, C, and D shall be within the scope of the property inherited from the network E jointly and severally with Defendant A.

Of the money stated in paragraph (15),124,899 won (=45,374,699 won x 1/3) and damages for delay calculated at the rate of 27% per annum from April 5, 2018 to the date of full payment (=2,287,932 won x 1/3).

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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