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(영문) 서울중앙지방법원 2017.06.02 2016가단5306729
양수금
Text

1. The extent of the property inherited from Nonparty B to the Plaintiff:

(a) Selection C shall be 29,105,771 won and any of them;

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 3-1, the facts constituting the grounds for the claim as shown in the separate sheet and the purport of the entire pleadings No. 2, B, a joint and several surety, died on January 6, 2016, and jointly inherited his/her property at the ratio of 3/9 shares, D, E, and Defendant (hereinafter “Defendant”)’s respective 2/9 shares, and the Defendant and the designated parties filed a report on the qualified acceptance of inheritance under the Daegu Family Court Kimcheon-Ma48, 2016, and the said court accepted the report on the qualified acceptance of inheritance on February 16, 2016.

2. According to the facts of the above recognition, the amount of acquisition shall be within the scope of the property inherited from B to the Plaintiff; the Selection C shall be obligated to pay 29,105,771 won (87,317,313 x 3/9) and 13,269,778 won (39,809,335 won x 3/9); the Selection D, E, and the Defendant A shall be obligated to pay damages for delay at the rate of 18% per annum, which is the rate of 19,403,847 won (87,317,313 x 2/9); and 8,846,519 won (39,809,335 x 2/9) among them, from December 29, 200 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendant and the designated parties is justified and it is so decided as per Disposition.

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