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(영문) 광주지방법원목포지원 2019.09.25 2018가단3531
구상금
Text

1. The Defendants, within the scope of the property inherited from the network D, to the Plaintiff:

(a) 4,155,288 won and any of them;

Reasons

1. The facts of “the cause of claim after modification” in the separate sheet Nos. 1, 2, and 3 (including numbers) are recognized in accordance with the purport of the whole pleadings and arguments.

Meanwhile, on the other hand, the facts that the Defendants filed a qualified acceptance report with the Gwangju Family Court Decision 2012Ra-Ma559 and received a judgment on January 7, 2013, which accepted the qualified acceptance report, and that the bankruptcy was declared on October 24, 2018 by the Gwangju District Court 2018Hadan1188 with respect to the deceased D’s inherited property, and that the bankruptcy was rendered on March 20, 2019 on the grounds that the bankruptcy was insufficient to cover the expenses for the bankruptcy proceedings.

Therefore, the Defendants are obliged to pay the Plaintiff the money set forth in Paragraph (1) of this Article within the scope of the property inherited from the network D.

It is difficult to view that the Defendants’ inheritance liability is extinguished or discharged solely on the ground that the bankruptcy procedure was abolished after having been declared bankrupt on the deceased D’s inherited property.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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