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(영문) 서울중앙지방법원 2017.01.18 2016가단5044106

양수금

Text

1. The Defendants are to the Plaintiff.

(a) Within the scope of the property inherited from the network D, each of the amounts of KRW 18,64,519 and each of them.

Reasons

1. The facts of the reasons for the recognition of the facts of the claim attached to the attached Form (However, the defendant's "the defendant" among them is close to "the network D") and (1) D dies on July 25, 2010 and died on July 28, 2010, which is his spouse, and (2) the defendants, who are children D and E, filed a report on the inheritance approval of the network E on August 19, 2010 with the Seosan Branch of Daejeon District Court 2010-Ma206, Seosan Branch of Daejeon District Court 2010-Ma207, and filed a report on the inheritance approval of the deceased D on November 4, 2010 with the same court, and the above court did not dispute between each party, or may recognize the overall purport of the pleading as a whole by taking into account the purport of each evidence No. 1 through No. 9 and No. 1.

2. According to the above facts of recognition, the Defendants jointly inherited the deceased’s property at the ratio of 3/9 of E, the spouse, and 2/9 of each of the Defendants, who are their children, due to D’s death.

After the death of E, the above 3/9 portion was succeeded to each of the Defendants 1/9=3/9 x 1/3).

I would like to say.

However, since the Defendants reported an inheritance limited approval of both the network D and network E, the Defendants shall pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from March 4, 2016 to the day of complete payment from March 4, 2016 to KRW 9,322,259 (= KRW 83,90,337 x less than KRW 83,90,337 x less than KRW 2/9 x less than KRW 2/9) and to KRW 4,821,750 among them (= KRW 21,697,875 x 2/99 x 2/9 9) within the scope of the transferred property from the network E (=) within the scope of the transferred property from the network E x KRW 83,90,337 x 3/9 x 3/9 x 1/37 x x 137 x 2,410 x 37.7 x 19 x 37 5 x 16 ;

3. Accordingly, the Plaintiff’s claim against the Defendants is accepted within the scope of each of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.