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(영문) 광주지방법원 2018.10.11 2018가단3491
부도수표(어음)
Text

1. The defendant, within the scope of property inherited from the deceased C (D) and 45,508,578 won and this shall apply to the plaintiff.

Reasons

1. Determination as to the cause of the claim: ① The Plaintiff is a corporation that operates the off-site sales business, etc.; ② The Plaintiff was engaged in credit transactions between September 11, 2009 and December 19, 2014, with the network C, which operated the electric department factory in the name of E; ② the Plaintiff was not paid KRW 45,508,578 out of the network C (which was delivered three promissory notes for the payment of KRW 45,00,000 among them were delivered, but all of them were processed in default on the payment due to the reasons for the non-transaction); ③ the Plaintiff died on July 3, 2015 with his spouse F, G, H, H, and I as inheritor, and F, H, H, and I renounced inheritance, and the fact that the qualified acceptance report on November 9, 2015 was not disputed between the parties concerned or that the entire purport of the pleading can be acknowledged by comprehensively taking into account the purport of each evidence set forth in subparagraphs 1 through 4.

According to the above facts, the defendant is obligated to pay to the plaintiff 45,508,578 won for the remainder of the goods within the scope of the property inherited from the deceased C, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 15% per annum as requested by the plaintiff from December 20, 2014 to July 13, 2018, on the record that the delivery date of the copy of the complaint of this case is apparent from the date following the end of the transaction to the date of full payment.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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