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(영문) 서울중앙지방법원 2019.12.06 2017가단5194671
양수금
Text

1. Within the scope of the property inherited from the net F, Defendant B shall be limited to KRW 15,304,786, Defendant C, D, and E, respectively.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) filed an application with F for a payment order seeking reimbursement against F (C). On December 4, 2007, the said court issued a payment order (hereinafter “instant payment order”) stating that “F shall jointly and severally with H for KRW 45,914,360, and as to KRW 45,914,360, and its amount, from October 30, 2007 to the date of delivery of the original copy of the payment order, F shall pay 5% per annum, and from the following day to the date of full payment (hereinafter “instant payment order”).

The above payment order was served on F on December 5, 2007, and it was finalized on December 20, 2007.

B. On October 28, 2013, the Plaintiff acquired F’s credit from G to F.

C.F died on January 3, 2010, and there are Defendant E, D, and C, the inheritor, who is the spouse.

On January 26, 2010, the Defendants were tried to grant the inheritance limited recognition of the deceased F’s property inheritance as the Changwon District Court was 2010 Madan10.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts, the deceased F is obligated to pay to the plaintiff a debt based on the payment order of this case. Since the deceased died and the Defendants, the inheritor, inherited the above debt, the Defendants are obligated to pay a debt based on the inherited portion.

The Defendants were judged to approve the inheritance of the deceased F’s property within the scope of the deceased’s property inherited from the deceased, and Defendant B shall pay to the Plaintiff 15,304,786 won (=45,914,360 won x 3/9 of the inherited property x less than KRW 3/9 of the inherited property x less than KRW 3/9 of the inherited property ; hereinafter the same shall apply), Defendant C, D, and E 10,203,191 won (==45,914,360 won x 2/9 of the inherited property x less than KRW 2/9 of the inherited property x less than KRW 360 x hereinafter the same) and damages for delay calculated at the rate of 15% per annum as the Plaintiff seeks from October 30, 207 to December 5, 2007, the service date of the original copy of the instant payment order from the next day to the day of full payment.

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