물품대금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The pertinent Plaintiff between the parties is a pharmaceutical wholesale company that supplies drugs to a pharmacy, and the network D (hereinafter “the network”) was a person who operated a pharmacy under the name of “F Pharmacy” in Gyeyang-si, and died on November 18, 2015. The Defendants are the offspring of the Deceased.
2. The parties' assertion and judgment
A. On January 30, 2013, the Plaintiff asserted that the drugs were supplied on credit after commencing transactions with the Deceased, and that the amount of goods not paid until now was KRW 21,95,595, and sought payment from the Defendants according to the inheritance shares (=21,95,595 x 1/3) based on the inheritance shares. (2) The Defendants asserted that the deceased was liable for the payment of the goods to the Plaintiff, but the Defendants asserted that there was no obligation to pay the said amount since they renounced the inheritance.
3) As to this, the Plaintiff asserts that there exists no legal simple approval pursuant to Article 1026 of the Civil Act, such as disposing of the goods at a pharmacy after the death of the deceased, and giving up the return of the lease deposit to the lessor of the pharmacy and accepting the voluntary disposal of goods inside the pharmacy. (B) According to the evidence No. 1, the Defendants filed a declaration of renunciation of inheritance with the Daegu Family Court Decision 2016Ra221, Jan. 22, 2016, and accepted the said declaration on March 8, 2016.
2) According to the statements in Gap's evidence Nos. 3 and 4 and the fact-finding results on EsP farms, the wholesalers who supplied the medicine to the deceased, such as the plaintiff and EsP farms, requested return of the medicine to the Defendants. On or around December 2015, they were returned of the medicine in the deceased's pharmacy in the presence of the defendant C, and the defendant Eul asked the plaintiff about the details of the balance on January 9, 2016. The plaintiff sought on January 11, 2016.