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(영문) 서울중앙지방법원 2017.09.29 2016가합34781

물품대금 등

Text

1. Within the scope of the property inherited from the network D to the Plaintiff, Defendant A shall be limited to KRW 243,443,714, Defendant B and C, respectively.

Reasons

The Plaintiff: (a) a business entity engaged in the manufacturing and wholesale business of textile products; (b) from July 201 to June 3, 2016, the network that engaged in the business of manufacturing textile products was supplied with textile products, raw materials, etc. to the network D, which was not paid KRW 568,035,33 in total; (c) the network D died on June 13, 2016 and was the bereaved family member, the Defendant B and C, the wife, and the Defendants filed a report of re-approval inherited by the Seoul Family Court Decision 2016Hun-Ma6119 on July 13, 2016; and (d) the fact that the said report was accepted on September 6, 2016 did not conflict between the parties, or that the overall purport of oral pleadings and evidence Nos. 1, 2, 3, and 1 (including each item of evidence No. 1) can be acknowledged.

According to the above facts, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 4, 2017 to the date following the day when the duplicate of the complaint in this case was delivered to the Defendants, to the Plaintiff within the scope of property inherited from the network D, and the Defendant A is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 4, 2017 to the day when the copy of the complaint in this case was delivered to the Defendants.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.