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(영문) 춘천지방법원 2015.09.09 2015가단956
구상금
Text

1. Within the scope of the property inherited from the net F, to the Plaintiff:

A. Defendant A is 17,526,280 won and 8,066.

Reasons

1. Judgment on the plaintiff's claim

A. The facts subsequent to the facts of recognition are either a dispute between the parties, or acknowledged in Gap evidence Nos. 1, 2, and 4 by considering the overall purport of the pleadings. Of the facts that are to be stated in this part, Paragraph (1) is the facts of the cause of the claim as stated in the separate sheet.

(1) The applicant stated in the attached Form is true.

(2) The deceased F’s co-property successors were Defendant A, B and G, and Defendant C and their children, who were their wife due to the death of G, and Defendant D and E inherited by proxy.

B. According to the above facts of recognition, unless there are special circumstances, the Defendants, the heir of the deceased F, are obligated to pay the money stated in the claims according to the inheritance shares.

2. Judgment on the defendants' assertion

A. The Defendants asserted that the Plaintiff could not respond to the Plaintiff’s claim since the qualified acceptance was granted.

B. In full view of the purport of the entire pleadings in the statement Nos. 2 and 9 of the judgment, the fact that the deceased FF died on April 10, 2014; the Defendants filed a report on the inheritance-limited approval with the Chuncheon District Court 2015Ra76, and accepted the report on the inheritance-limited approval on April 23, 2015. As such, the Defendants’ liability is limited to the scope of the property inherited from the deceased F, and the Defendants’ assertion is reasonable, and the remainder is without merit.

C. According to the theory of litigation, the Plaintiff is obligated to pay damages for delay at each rate of 12% per annum, which is the agreement rate of 12% from February 2, 2015 to March 25, 2015, as to KRW 17,526,280 and KRW 8,06,545 from the networkF, and as to KRW 17,526,280 from February 2, 2015 to the date of full payment, and as to KRW 8,06,545 from the date of full payment, to the date of full payment.

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