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(영문) 광주지방법원 해남지원 2018.09.18 2018가단890

구상금

Text

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

A. Defendant A: 108,460,225 won and 44,806.

Reasons

1. Since each fact in the separate sheet after changing the judgment on the cause of the claim does not conflict between the parties or can be acknowledged by comprehensively taking into account the overall purport of the pleadings as to Gap evidence Nos. 1 through 7, the defendant A is obligated to pay damages for delay from November 2, 2017 to the plaintiff for delay of KRW 108,460,225 and KRW 44,806,872 within the scope of the property inherited from the deceased E, and the defendant B shall pay damages for delay from November 2, 2017 to the plaintiff for delay of KRW 72,306,816 and KRW 29,871,248 among them. < Amended by Presidential Decree No. 28420, Nov. 2, 2017>

2. The fact that Defendant B’s judgment on Defendant B’s defense was accepted on June 14, 2018 by the Gwangju Family Court’s 2018 Daehan Branch 138, and that the report on the inheritance limited approval was accepted on August 1, 2018 is not a dispute between the parties. As such, Defendant B is also liable to pay the Plaintiff the money set forth in paragraph (1) within the scope of the property inherited from the network E, just as Defendant A.

3. Accordingly, within the scope of the property inherited from the network E, Defendant A is obligated to pay damages for delay calculated at the rate of 12% per annum from November 2, 2017 to May 25, 2018, which is the last day of service of the copy of the application form for the purpose of claim and modification of the cause of claim from November 2, 2017 to May 25, 2018, and at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment; Defendant B shall be liable to pay damages for delay calculated at the rate of 15% per annum from the following day to the day of full payment; Defendant B shall be 72,306,871,248 won; and damages for delay calculated at the rate of 29,871,248 won per annum from the day after November 2, 2017 to the day of full payment.

Thus, the plaintiff's claim against the defendant A is justified, and the claim against the defendant B is justified within the above scope of recognition.