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(영문) 울산지방법원 2018.09.12 2018가단2546
대여금 등
Text

1. The Plaintiff:

(a) Defendant A: 166,780,852;

B. Defendant B is within the scope of the property inherited from the deceased M.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A

A. The description of the grounds for the claim is as stated in the attached Form of the claim and the “application for correction of claims”.

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claims against Defendant B, D, E, F, I, and J

A. There is no dispute between the parties to the basic facts, or according to the overall purport of Gap evidence Nos. 1 through 3 (including virtual number), and the entire purport of the arguments, the following facts are as follows: ① The grounds for the claim and "application for correction of claims" were stated in the attached Form No. 1, ② M died on June 9, 2016; ② The deceased M died on June 9, 2016, and N, H, and K (Inheritance 2/9) as co-inheritors of the deceased M (hereinafter “the deceased”) and children, ③ The N, H, and K received a report of renunciation of inheritance from the Busan Family Court on October 10, 2016, and received a judgment from the above court on October 25, 2016 to accept it from the deceased on October 25, 2016; ④ the deceased’s children, Defendant C-D (Inheritance 19/7, each of the inheritance shares of the deceased’s children and his children, and Defendant C-K 19/ 27, each of the deceased.2.

B. According to the above findings of the determination, ① Defendant B is jointly and severally liable to pay the unpaid amount of KRW 55,593,610 out of KRW 166,780,852 (i.e., KRW 166,780,852 x 3/9, and the Plaintiff’s (hereinafter the same shall apply), ② Defendant C, Defendant D, Defendant E, Defendant F, Defendant F, Defendant I, and Defendant J are jointly and severally liable to pay the unpaid amount of KRW 18,531,20 (i.e., KRW 16,780,852 x 1/9) within the scope of the property inherited from the Deceased, within the scope of the property inherited from the Deceased.

3. Thus, the plaintiff's claim against the defendants of this case is justified, and all of them are accepted.

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