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(영문) 서울중앙지방법원 2016.10.11 2016가단5044250

구상금

Text

1. The defendant shall within the scope of the property inherited from the deceased B, and shall be 20,187,459 won to the plaintiff and the plaintiff.

Reasons

Attached Form

The facts as indicated in the cause of the claim (Provided, That the part stated in "Defendant B" remain the mother of the defendant without any other family member and died of April 2014 shall be acknowledged by adding the whole purport of pleadings to the entries in Gap evidence 1 through 5 and Eul evidence 1. Accordingly, the defendant, as the heir of the deceased B, shall be within the scope of the property inherited from the deceased B as the plaintiff's claim, within the scope of the property inherited from the deceased B, the plaintiff shall be liable to pay to the plaintiff 15% per annum under the agreement from November 19, 2014 to April 28, 2015, from April 29, 2015 to July 12, 2016 to July 7, 2016, and from the next day, 15% of the amount of subrogated payment to the plaintiff as the heir of the deceased B. < Amended by Act No. 12837, Nov. 12, 2015>

Accordingly, the defendant asserts that he cannot respond to the plaintiff's claim on the ground that he had limited approval of the inheritance from the deceased B as Seoul Family Court Decision 2014Ma6949, but the inheritor who has limited approval shall succeed to the entire inheritance obligation, but shall be liable only within the scope of the inherited property, not its own property, and thus, even if the defendant limited approval of the inheritance from the deceased B, he shall be liable for the plaintiff to perform the inheritance obligation within the scope of his inherited property. As seen above, in this case where the plaintiff is seeking the performance of the above obligation within the scope of the property inherited from the deceased B to the defendant, the above circumstances pointed out by the defendant shall not interfere with the plaintiff's claim.

Therefore, the plaintiff's claim against the defendant shall be accepted, and it is so decided as per Disposition.