logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.09 2016가단5123399
구상금
Text

1. The Plaintiff:

(a) Defendant A’s KRW 33,945,100 and as regards it:

(b)the scope of the property inherited from the net F;

Reasons

1. Determination as to the claim against Defendant A and B

A. The Plaintiff and the Defendant A, and Nonparty F (hereinafter “the deceased”) sought payment of each amount stated in the claim’s claim as compensation amount according to the final and conclusive judgment of the instant case and the share of inheritance, from the Gwangju District Court 2005da71494, the Defendants were the deceased, and the Defendant B is the deceased’s heir. The Plaintiff sought payment against the Defendant A and B as compensation amount based on the final and conclusive judgment of the instant case and the share of inheritance.

(b) Defendant A: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act) rendered by public notice (Article 208 (3) 2 of the Civil Procedure Act)

C. According to the overall purport of evidence Nos. 1 and 2, the deceased’s heir as the deceased’s spouse’s heir, Defendant C, D, A, E, and the deceased’s child G’s heir who died. Among them, the remainder of the deceased’s heir except the Defendant A, and the substitute heir appears to have accepted the deceased’s inheritance. On the other hand, the Defendant A appears to have granted a qualified acceptance on the deceased’s inheritance. Therefore, when calculating the deceased’s inheritance among the deceased’s claim for reimbursement, it is apparent that the deceased’s share of inheritance was 7,83,484 won (=3,945,100 + Defendant B’s claim for reimbursement amount 3/100 】 Defendant B’s claim for reimbursement in excess of the above recognized amount, and the Plaintiff’s claim for reimbursement from the Defendant B is without merit. Meanwhile, the Plaintiff’s claim for reimbursement within the scope of the deceased’s property inherited from the Defendant, and the obligation for reimbursement of the deceased’s reimbursement against the Defendant A and the Defendant A’s claim for reimbursement.

3. Therefore, within the scope of the property inherited from the deceased, Defendant B jointly with Defendant A to the extent of the property inherited, the amount of indemnity liability inherited from the deceased is KRW 7,83,484.

arrow