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(영문) 서울중앙지방법원 2016.12.16 2016가단5006241

양수금

Text

1. The Defendants, within the scope of the property inherited from the network C, shall be either KRW 48,370,309 and the Plaintiff respectively.

Reasons

1. The facts constituting the grounds for the claim (Provided, That the Plaintiff’s part regarding D during the continuation of the lawsuit in this case was withdrawn) and ① the Defendants, who were their children, inherited each 1/2 of their property according to their shares in inheritance. ② On July 19, 2012, the Daejeon Family Court filed a report on the inheritance recognition of the deceased C under the Daejeon Family Court Order 2012-Ma1019 on August 17, 2012, and the said court accepted the said report on August 17, 2012, it may be recognized either as a dispute between each of the parties, or as a whole, by taking into account the overall purport of the pleadings in the entries in the evidence No. 1 and 4 (including the serial number), and No. 1.

2. According to the above facts, the Defendants are obligated to pay damages for delay calculated at the rate of 17% per annum from January 7, 2016 to the date of full payment with respect to KRW 48,370,309 (= KRW 96,740,618 x 1/2) and 12,838,924 among them (= KRW 25,67,848 x 1/2) within the scope of property inherited from the network C.

3. The plaintiff's claim against the defendants is justified. Thus, the plaintiff's claim against the defendants is accepted.