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(영문) 대전지방법원천안지원 2016.01.12 2015가단106697
구상금
Text

1. Within the scope of the property inherited to the deceased M, the Defendants respectively were 8,160,077 won and 3,461.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 20, Eul evidence Nos. 1 and 1, the facts in the separate sheet No. 1 (Provided, That the fact that "creditor", "creditor", "debtor" and "M" are deemed to be "Plaintiff" and "M" shall be deemed to be the bereaved family of August 21, 2014 that Eul left his/her spouse Nex, his/her father, his/her father, K, Ha, H, andO's renunciation of inheritance of the network M, the above facts that the defendant Eul renounced, Eul, E, and F are the children of the above H, and the defendant Eul reported to the above K's father's father, the defendant J's wife, and the defendant J reported to the Daejeon District Court of Daejeon on October 21, 2015, and approved the above inheritance net of the deceased on May 13, 2015 to be approved by the court.

According to the above facts, the Defendants, as the lineal descendants of the network M, shall be deemed to have qualified acceptance for inheritance of the network M in accordance with their respective shares of inheritance 1/6. Thus, the Defendants are obligated to pay damages for delay calculated at each rate of 19% per annum from March 17, 2015 to October 6, 2015 for each of 3,461,260 won of the amount of indemnity and the amount of indemnity principal from March 17, 2015 to October 2, 2015, respectively, to the Plaintiff within the scope of the property inherited from the network M.

Accordingly, the defendants asserts that they do not bear the above indemnity liability since they accepted inheritance of the network M.

However, in the case of qualified acceptance of inheritance, the existence and scope of the inheritance obligation are determined as it is, and its liability is limited to the scope of the inherited property, so the defendants' assertion that is premised on the extinguishment of the inheritance obligation

(The plaintiff is seeking reimbursement within the scope of inherited property to the defendants in accordance with the purport of qualified acceptance of inheritance. If so, the plaintiff is seeking reimbursement.

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