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(영문) 서울중앙지방법원 2017.02.10 2016가단5103258

구상금

Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant B, Defendant B, KRW 34,419,658, and each of the said money from October 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the claim for indemnity, such as the statement in the grounds for the claim, against C.

B. C As of August 31, 2015, the Defendants, a sibling of the Deceased, became co-inheritors of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the above facts of recognition, Defendant A, who is equivalent to the inheritance share among the net C’s obligations, filed a claim against Defendant A for the share of inheritance by means of dumping less than KRW 34,419,659 (in principle, calculating the amount of less than KRW 34,419,659 (in principle, it does not dispute Defendant A), Defendant B, as the delivery date of a copy of the complaint of this case from October 23, 2015 to July 20, 2016, Defendant A, as the delivery date of a copy of the complaint of this case, is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act, from the following day to November 10, 2016, and from the day to day of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Since Defendant A asserted that he obtained inheritance limited approval, Defendant A was subject to an inheritance limited approval trial as to December 16, 2016 by the Government District Court Decision 2016Do6205, Dec. 16, 2016. Accordingly, Defendant A is obligated to pay the above money within the scope of the property inherited from the deceased C. Thus, Defendant A’s above assertion is with merit.

3. The plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant A is justified within the above scope of recognition. The plaintiff's claim against the defendant A is accepted and the remaining claim is dismissed as there is no ground