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(영문) 서울북부지방법원 2016.07.07 2015가단44318
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall pay 30,052,923 won and 25% per annum from May 13, 200 to the date of full payment.

Reasons

1. Basic facts

A. On April 11, 200, the Plaintiff filed a lawsuit for damages against Defendant B and his denied deceased E (hereinafter “the deceased”) with the Seoul District Court Decision 99Da47638, which rendered a favorable judgment against the Plaintiff that “Defendant B and the Deceased shall pay to the Plaintiff the amount calculated at the rate of 21,037,046 won per annum and 25% per annum from March 1, 2000 to the date of full payment,” and the above judgment was finalized on May 26, 200.

B. Meanwhile, as the Deceased died on April 27, 2014, the Defendant C, the husband, and Defendant D, the husband, became the legal inheritor.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant B, as a statutory heir of each deceased, is obligated to pay the Plaintiff the amount of KRW 21,037,046, and the amount of KRW 9,015,877,015,877 (i.e., the amount of KRW 21,037,046 x statutory inheritance x the amount of KRW 3/7,0052,923 and the amount calculated at the rate of KRW 25% per annum from May 13, 200 to the day of full payment. Defendant C and D, as legal heir of each deceased, are liable to pay the amount of KRW 6,010,585 (=21,037,046 x statutory inheritance x 2/76 x 2/7) and each of the amount calculated at the rate of KRW 5,201 to May 25, 2003.

B. As to the determination of Defendant C and D’s assertion, Defendant C and D claimed to the effect that they are responsible only within the scope of the property inherited from the deceased, since they were tried to approve the inheritance of the deceased’s property.

On the other hand, the Plaintiff, at the time of filing a report on qualified acceptance, shall be deemed to have granted simple acceptance, since 1/3 shares of 1/436 square meters, which were possessed by the deceased, were not intentionally entered in the list of inherited property.

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