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(영문) 울산지방법원 2016.04.05 2015가단24774
구상금
Text

1. Defendant B is entitled to KRW 12,428,571 and the Plaintiff within the scope of the property inherited from the network E.

Reasons

1. Basic facts

A. The Plaintiff and the network E’s financial transaction relationship 1) The network E (hereinafter “the network”).

(2) On March 20, 1998, the Plaintiff entered into a mutual aid loan transaction agreement with an agricultural cooperative and a limit amount of KRW 30 million, and the Plaintiff jointly and severally guaranteed the obligation of the deceased. 2) On June 20, 2001, the Plaintiff subrogated for KRW 31 million out of the deceased’s loan obligations.

3) On December 15, 2005, the Plaintiff lent KRW 1 million to the Deceased. On December 30, 2005, the Deceased paid KRW 3 million to the Plaintiff as a repayment of debt on December 30, 2005. (B) On November 2, 2013, the Deceased died.

2) Defendant B is the deceased’s wife, and Defendant C and D are the deceased’s children. 3) Defendant B was tried on the inheritance limited recognition of the deceased as the Ulsan District Court 2014Mo7 on February 25, 2014. Defendant C and D were tried on the renunciation of inheritance by the same court as the same day.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 9, Eul evidence 1 to 1 (including each attachment of numbers), the purport of the whole pleadings

2. According to the above findings of the determination, the deceased, at the time of the death, bears the liability equivalent to the amount of KRW 29 million for the plaintiff (=a loan of KRW 31 million on behalf of the deceased - the amount of KRW 3 million on behalf of the deceased - the amount of KRW 3 million on behalf of the deceased ) and the amount of damages for delay.

Therefore, Defendant B, upon receiving an inheritance limited approval trial, is obligated to pay to the Plaintiff 12,428,571 won (i.e., KRW 29 million x less than KRW 3/7, and less than KRW 3/7) within the scope of the property inherited from the Deceased, and to pay damages for delay calculated at the rate of 15% per annum from January 31, 2016 to the day of full payment, which is the day following the day when the instant complaint was served.

Meanwhile, as Defendant C and D renounced inheritance against the deceased, the Plaintiff’s claim based on the premise that the said Defendants are the deceased’s property heir cannot be accepted.

3. Thus, the plaintiff's claim against the defendant B is above.

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