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(영문) 광주지방법원순천지원 2016.10.12 2015가단14680

구상금

Text

1. The extent of the property inherited from the networkO to the Plaintiff:

A. Defendant N is KRW 6,406,903 and its weight, 2,040.

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 to 5 (including identification number), Eul evidence Nos. 2 and 4:

A. The plaintiff filed a lawsuit against the deceasedO (hereinafter "the deceased") seeking reimbursement of the amount of reimbursement under the court 2004Ra15519. On December 17, 2004, the above court decided on October 31, 2002 that "the deceased shall pay to the plaintiff 38 million won and among them, 18% per annum from October 31, 2002 to the date of full payment; 6.5% per annum from March 5, 2003 to December 31, 2003; and 12% per annum from the next day to December 31, 2003 to the date of full payment; 13 million won per annum from October 17, 2002 to December 31, 203 to the date of full payment; and 2% per annum from the next day to December 31, 203 to the date of full payment (the above judgment with 15% per annum)."

B. Upon the Plaintiff’s application, the procedure for compulsory auction (P) began with respect to the real estate owned by the deceased. On November 17, 2006, the Plaintiff received dividends of KRW 8,208,302 from the above auction procedure and appropriated the above principal and interest claim under the previous judgment finalized. As to the Plaintiff’s claim for indemnity against the deceased, the amount of KRW 53,390,860 and its amount of KRW 17 million per annum from November 18, 2006 to the date of full payment (= KRW 8.9 million) was 18% per annum from November 18, 2006 to the date of full payment (= KRW 13 million).

C. However, the deceased died on November 7, 201, and as his family members died, Q, R, S, T, and M, the wife, and Q, R, S, S, T, and M’s report of renunciation of inheritance was accepted on January 26, 2012 (this Court Decision 2012D37). As the deceased’s grandchildren, the Defendant A, C, D, D, E, G, H, I, J, J, K, and K inherited the deceased’s property at the share of 2/25 shares, and Defendant N inherited the deceased’s property at the share of 3/25 shares.

On the other hand, Defendant.