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(영문) 광주지방법원해남지원 2019.01.08 2018가단2001

구상금

Text

1. The Plaintiff:

A. As to KRW 143,916,443 and KRW 17,265,231 among the Defendants B, Defendant B, from June 26, 2018 to October 19, 2018.

Reasons

1. Each fact in the separate sheet with regard to the judgment on the cause of the claim (excluding paragraphs 4 and 5) is without dispute between the parties or can be recognized by comprehensively taking into account the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, 6, 7 through 17 (including the number of branch numbers). Thus, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff delay damages from June 26, 2018 for KRW 43,916,443 and KRW 17,265,231, as well as delay damages from June 26, 2018 for KRW 97,65,841 and KRW 38,725,131, and delay damages from KRW 97,65,841, as well as damages from delay from June 26, 2018; Defendant C is jointly and severally obligated to pay to the Plaintiff KRW 15,420,92 and KRW 16,2416,298.6

2. Determination as to the defendants' defense

A. On December 18, 2015, the judgment of the Defendants (excluding Defendant B; hereinafter the same shall apply in this paragraph) on the assertion that a qualified acceptance was made by the Defendants, filed a report on the inheritance limited acceptance with the GJ (hereinafter referred to as “the deceased”) from the Gwangju Family Court, Gwangju Family Court Branch of 2015-Ma327, and the fact that the said report was accepted on February 2, 2016, may be recognized either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings as stated in the evidence No. 18.

However, in full view of the purport of the argument in Gap evidence No. 19, the deceased owned 1/10 of the shares of LV at the time of death (hereinafter "the instant vehicle"). The Defendants, after the death of the deceased, agreed on the division of inherited property by way of Defendant I’s sole inheritance of 1/10 of the shares of the deceased as to the instant vehicle before filing a report on the approval of inheritance. Accordingly, it is recognized that the said shares were transferred to Defendant I on May 4, 2015.