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(영문) 광주지방법원순천지원 2019.07.25 2018가단7744

구상금

Text

1. Within the scope of the property inherited from the network E to the Plaintiff:

A. Defendant B: 57,740,861 won and its 36,128.

Reasons

Attached Form

The facts indicated in the cause of the claim and the facts that Defendant C received and confirmed by the judgment of the Gwangju Family Court 2018 D's 1967, Dec. 19, 2018, pursuant to the inheritance limited recognition ruling, do not conflict between the parties. Therefore, the Defendants are obliged to pay to the Plaintiff the amount equivalent to the Defendants' respective inheritance shares out of the net E's indemnity obligations against the Plaintiff within the scope of the property inherited from the network E.

However, with respect to the above principal, the Plaintiff shall claim 12% per annum from May 21, 2018 to the delivery date of a copy of the complaint of this case from May 21, 2018 to the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

However, the Plaintiff’s instant claim against the Defendants ought to be deemed to have been filed through each service of the written application for modification of the purport and cause of the claim (with respect to Defendant B) as of October 10, 2018 and the written application for modification of the cause of the claim as of November 30, 2018 (with respect to Defendant C), and thus, the damages for delay from the day following the day of each service thereof are recognized.

In addition, since the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended on May 21, 2019 and enforced on June 1, 2019, the above revised provisions should be applied.

Therefore, from May 21, 2018 to October 5, 2018, Defendant B, as damages for delay, shall pay damages for delay calculated at the rate of 12% per annum from May 21, 2018 to October 10, 2018, the delivery date of a copy of the application for modification of the claim and the cause of claim as of October 10, 2018, and Defendant C, as of November 30, 2018, the delivery date of the copy of the application for modification of the claim and the cause of claim as of November 30, 2018, each of 12% per annum from the following day to May 31, 2019, and 12% per annum from the next day to the day of full payment. Thus, the part in excess of the above scope in the Plaintiff’s damages for delay is dismissed.

Therefore, the plaintiff is inherited from the deceased E.