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(영문) 청주지방법원제천지원 2017.11.29 2017가단1178
물품대금
Text

1. The Defendant: (a) KRW 56,380,000, within the scope of the property inherited from the deceased C, and the Defendant’s act on January 2, 2017.

Reasons

1. Judgment on the plaintiff's claim

A. 1) The Plaintiff supplied lubric oil to C and received lubric gas at its own price, KRW 13,850,00 per share on March 3, 2015, KRW 20,730,00 per face value D, and KRW 20,730,00 per share on March 3, 2015, KRW 1 every promissory note number E, KRW 15,300,00 per face value on February 6, 2015, and due date, KRW 1,3,000 per face value, KRW 3,00,000, KRW 1,000 per face value, KRW 3,50,000 per face value, KRW 7, 2015, and KRW 1,000 per face value, KRW 3,500,000 per face value, and KRW 20,000 per face value per day on April 22, 2015 (hereinafter “Defendant J”).

3) On March 17, 2015, I and J filed a declaration of renunciation of inheritance with the original branch of the Chuncheon District Court 2015-Ma114, and accepted the declaration around that time. [The facts that there is no dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, and the purport of the whole pleadings, as a whole.

(b) A waiver of judgment shall have effect retroactively from the time of the commencement of the inheritance.

(Article 1042 of the Civil Act). If one inheritor renounces inheritance, the share of inheritance shall be reverted to the inheritor in proportion to the share of inheritance of the other inheritor (Article 1043 of the Civil Act).

According to the facts acknowledged in paragraph (1), the defendant, who did not waive inheritance among the legal inheritors of the deceased, was succeeded to KRW 56,380,000 (= KRW 13,850,000 in total, KRW 20,730,000 in total, KRW 15,300,000 in total, KRW 3,500,000 in total, and KRW 3,500,000 in total, for the deceased.

Therefore, barring special circumstances, the defendant is obligated to pay the plaintiff 56,380,000 won and damages for delay.

B. The defendant's assertion as to the defendant's assertion was asserted by the qualified acceptance of inheritance due to the death of the deceased, and the defendant is obligated to repay the deceased's obligations within the scope of the inherited property from the deceased. Thus, the defendant's argument as to the death of the deceased is all the arguments in the statement

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