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(영문) 서울중앙지방법원 2015.03.24 2014가단5091177

구상금

Text

1. The plaintiff

A. Within the scope of the property inherited from the deceased H, Defendant B shall be limited to KRW 6,344,941, Defendant D, Defendant E, and Defendant E.

Reasons

1. The plaintiff's assertion stated in the attached Form of the judgment on the cause of claim is deemed to have been led to confession because there is no dispute between the parties or the defendants do not clearly dispute this.

Therefore, barring special circumstances, Defendant C is obligated to pay the Plaintiff the money stated in Section 1(b) of the Disposition and the remainder of the Defendants’ claims.

2. In full view of the written evidence Nos. 5 and 6, the determination of Defendant B, D, E, F, and G’s inheritance limited acceptance defenses, the aforementioned Defendants may recognize the fact that they obtained inheritance limited approval on December 19, 2014 by filing an application for the re-determination of inheritance with the District Court 2014-Ma6037.

Therefore, the above defendants are merely obligated to pay the money stated in the Disposition 1 (A) to the plaintiff, and the plaintiff's claim against the above defendants in excess is not accepted.

3. In full view of the written evidence Nos. 1, 2, and 3 of the judgment as to Defendant A’s defense of exemption, the above Defendant was granted immunity in the Daegu District Court 2012, 2574 case on December 27, 2012, and recognized the fact that the above decision became final and conclusive on January 11, 2013, on the grounds that the Plaintiff’s claim against the above Defendant was exempted.

Therefore, the plaintiff's claim against the above defendant cannot be accepted.

3. The Plaintiff’s claim against the Defendant A is dismissed, and the claim against the Defendant B, D, E, F, and G is partially dismissed, and the claim against the Defendant C is accepted.