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(영문) 수원지방법원 2019.05.28 2017가단40401
구상금
Text

1. The Plaintiff:

A. Defendant C is entitled to KRW 42,525,636 within the scope of each inherited property from the network F and the network G, and is accordingly.

Reasons

1. Facts of recognition;

A. On October 17, 2011, the Plaintiff entered into a guarantee insurance contract with the president of H organization, the insured amount of KRW 51,398,080, and paid KRW 43,135,100 as insurance money to the insured on July 25, 2014.

B. The agreed interest rate on delay damages is 6% per annum from July 26, 2014 to October 25, 2014, 9% per annum from October 26, 2014 to January 23, 2015, and 12% per annum from January 24, 2015.

C. The deceased on January 11, 2014, and Defendant C, the mother, jointly inherited property G (the inheritance ratio 1:1), network G, and Defendant C was adjudicated on January 23, 2015 on June 18, 2015 by filing a qualified acceptance report.

The deceased on March 3, 2015, and Defendant D and E, who is the wife of the property, jointly inherited (the inheritance ratio 3:2:2: the deceased’s other children of the network G, I, J,K, and their children reported the renunciation of inheritance on May 27, 2015, and received the adjudication to accept it on September 14, 2015), Defendant C, and D reported the qualified acceptance on May 22, 2015, and received the adjudication to accept it on October 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff: ① Defendant C claimed the amount of KRW 42,525,636 within the scope of each inherited property from the network F and network G [the total amount of KRW 59,535,891 (=the total amount of indemnity and damages for delay up to December 1, 2017 + KRW 43,135,100 + KRW 16,40,791] x inheritance shares 10/14]; and the insurance amount of KRW 30,810,783 (= KRW 43,135,100) out of the total amount of KRW 43,135,100 and KRW 42,525,636 of the total amount of inherited property (=the total amount of KRW 43,135,100) from the network F and network G x KRW 135,165,296) x 145,2505,2945) from each of the claims and shares (i.

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