(영문) 수원지방법원평택지원 2017.10.17 2017가단54379



1. The Defendant shall pay to the Plaintiff KRW 32,050,700 and the interest rate of KRW 15% per annum from June 10, 2017 to the day of complete payment.


1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 6, Eul held against the defendant the claim amounting to KRW 72,288,288 and KRW 2,496,680, totaling KRW 74,784,968, and KRW 74,788, and KRW 74,968, and KRW B died on June 1, 2015; Eul has the plaintiff, children as his spouse; Eul has C, D, E, and F; Eul has the declaration of disappearance as of August 9, 2016 (Seoul Family Court Decision 2015Ma7367) and became final and conclusive and conclusive as of August 19, 2010; and for F (G) the declaration of disappearance as of March 13, 2017.

According to the above facts, the plaintiff, D, and E's heir, and the plaintiff's heir's share in inheritance as B's spouse is 3/7. Thus, the defendant is obligated to pay to the plaintiff 32,050,700 won (=74,784,968 won x 3/7) out of B's claim and damages for delay calculated at the rate of 15% per annum from June 10, 2017 to the day of complete payment, which is the day following the delivery date of a duplicate of the application for change of claim and cause of claim in this case.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.