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(영문) 광주지방법원 2016.01.07 2015가합2746
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff sold copper and yellow dust, etc. to the deceased A (hereinafter “the deceased”) and did not receive KRW 303,523,290, out of the price of the goods to him/her. As the mother of the deceased, the Plaintiff asserted that the Defendant, as the litigant, succeeded to the Plaintiff’s obligation to pay for the amount of KRW 303,523,290, the Defendant filed an application for renunciation of inheritance with the Incheon District Court Decision 2015Mo2235 on July 27, 2015, on August 20, 2015, and the above court did not dispute between the parties, and thus, the Defendant was retroactively subject to the death of the deceased pursuant to Article 1042 of the Civil Act, and the Defendant is not obligated to pay for the inheritance of the deceased. In sum, it is evident that the Defendant asserted that the Plaintiff did not have any obligation for the inheritance of the deceased.

Therefore, the plaintiff's claim of this case based on the premise that the defendant inherited the deceased's above goods payment obligation against the deceased is dismissed as it is without merit. It is so decided as per Disposition.

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