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(영문) 대구지방법원김천지원 2017.09.27 2017가단30251
구상금
Text

1. The Plaintiff:

A. Defendant A shall pay 146,029,910 won and 5% per annum from October 11, 1996 to February 19, 197; and 5% per annum from February 19, 1997.

Reasons

1. Facts of recognition;

A. On February 15, 2007, the Plaintiff filed an application for payment order against the deceased G (hereinafter “the deceased”) and Defendant A and B with the Daegu District Court Kimcheon-si, Kimcheon-si, Seoul District Court 2007 tea450, and from the above court on February 15, 2007, to the Plaintiff:

A. Defendant A shall pay 5% per annum from October 11, 1996 to February 19, 197; 25% per annum from February 20, 1997 to May 31, 2003; and 20% per annum from June 1, 2003 to the date of full payment;

B. The deceased and the defendant B are jointly and severally with the defendant A.

Of the money stated in this paragraph, 5% per annum from October 11, 1996 to February 19, 197; 25% per annum from February 20, 1997 to May 31, 2003; and 20% per annum from June 1, 2003 to June 1, 2003; and 112,220 won for demand procedure expenses were issued.

The above payment order was finalized around that time.

B. The Deceased died on July 24, 2009, before the instant lawsuit was filed, and his heir is the Defendant B (the deceased’s spouse), Defendant C, D, E, and F (the deceased’s children).

On September 17, 2009, Defendant C, D, E, and F reported the inheritance limited acceptance by the Daegu District Court Kimcheon-do Branch of 2009Ra289 on September 17, 2009. On October 30, 2009, Defendant C, D, E, and F reported the inheritance limited acceptance by the above court.

C. On October 12, 2009, H reported the renunciation of inheritance by the above court 2009Ra315 on October 11, 2009. On December 11, 2009, H (the deceased’s children) received an adjudication on the acceptance of the declaration of renunciation of inheritance by the above court, and I [the spouse of the deceased J (the deceased’s children of January 23, 1987)], K, L, M (the deceased’s children of the deceasedJ) reported the renunciation of inheritance by the above court 2009Ra278 on September 9, 2009, and received the adjudication on the acceptance of the declaration of renunciation of inheritance by the above court on October 16, 2009.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant C, D, E, and F were qualified as the inheritor of the deceased, and thus inherited from the deceased.

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