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(영문) 대구지방법원 2016.05.13 2015가단119267
양수금
Text

1. The Defendants, within the scope of property inherited from the network A, shall not exceed KRW 16,102,353, respectively, to the Plaintiff and KRW 11,07.

Reasons

1. Facts of recognition;

A. As the Plaintiff filed a lawsuit against A, the Daegu District Court sentenced A to pay the Plaintiff [18% per annum for KRW 36,722,123 and KRW 2,89,038 from May 17, 2005 to September 17, 2005; and 20% per annum for KRW 22,195,37 from May 17, 2005 to the date of full payment] of KRW 25% per annum from May 17, 2005 to the date of full payment. The above judgment became final and conclusive as is November 3, 2005.

B. Meanwhile, A died on March 23, 2015, and there was the Defendants as the inheritor.

The principal and interest of the obligations inherited by the Defendants among the above judgment amount are as listed in the following table:

C. On February 2, 2016, the Defendants were tried on the qualified acceptance regarding the inheritance of the deceased’s property by using the Plaintiff’s obligation as a small property of the deceased in the Daegu Family Court’s case of port support 2015Hun-Ma639, the inheritance of the deceased’s property.

A [Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2

2. According to the judgment and the facts of the above recognition, the defendants are obligated to pay to the plaintiff 16,102,353 won, and 11,097,68 won, from May 17, 2005, to the day of full payment, as the inheritor of the deceased's qualified acceptance of inheritance from the deceased, the amount of money calculated at the rate of 25% per annum from May 17, 2005 to the day of full payment.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the costs of lawsuit shall be borne by each party.

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