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(영문) 청주지방법원 2019.01.30 2018가단22459

물품대금

Text

1. On April 18, 2018, the Defendant: (a) KRW 2,22,222 to Plaintiff A and each of the said money to Plaintiff B, C, and D, respectively. < Amended by Presidential Decree No. 24200, Apr. 18, 2018>

Reasons

1. Determination on the cause of the claim

A. A. Around January 2017, the deceased F (the deceased on December 18, 2018, hereinafter referred to as “the deceased”), the Defendant, G, and H settled accounts of the claim for the construction of buildings that the deceased should receive from the Nonparty, the obligation of the deceased to pay for the building goods related to the stones that the deceased received from the Nonparty, and the price for the building goods that the Defendant should pay to the non-party. As a result, there is no dispute between the parties, on the following grounds: (a) there was an settlement agreement that includes the content that the Defendant should pay to the non-party the price for the building goods that the Defendant should pay to the deceased; and (b) there remains 10,000,000 won out of the settlement obligation that

In addition, the plaintiff A is the deceased's wife, and the remaining plaintiffs as co-inheritors do not clearly dispute the defendant.

B. According to the above facts of recognition, the defendant is obligated to pay KRW 10,000,000 to the deceased, barring special circumstances, and thus, the defendant is obligated to pay the plaintiffs who inherited the deceased in proportion to their shares of inheritance.

The plaintiffs' assertion is justified.

2. On September 7, 2016, the defendant asserted that the defendant paid 5,00,000 won to the deceased's I (J operation) obligation on behalf of the deceased, and that the remaining 5,00,000 won was agreed that the deceased would not claim the remaining amount of debt against the defendant by living together with the deceased while paying living expenses, etc., but it is not possible to acknowledge this by only the descriptions of the evidence Nos. 1 through 4, and there is no other evidence to acknowledge this.

The defendant's argument cannot be accepted.

3. According to the conclusion, the defendant claimed against the plaintiff A for payment of KRW 3,33,33 ( = 10,00,000 won plus less than KRW 3/9.00; hereinafter the same shall apply), the plaintiff B, C, and D respectively ( = 10,000,000 KRW x 2/9) and each payment from April 18, 2018, on the day following the delivery of the copy of the complaint of this case, the plaintiff sought payment of delay damages from January 30, 2017.