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(영문) 대구지방법원포항지원 2016.04.05 2015가단9484
구상금
Text

1. The Plaintiff:

A. Defendant A, within the scope of property inherited from the network E, either KRW 15,342,234 and the said money, 15.

Reasons

1. Facts of recognition;

A. The Plaintiff paid a total of KRW 45,668,133 on September 30, 2015 under the credit guarantee agreement concluded with E, and the sum of damages, guarantee fees, penalty, etc. incurred therefrom is KRW 358,569.

B. On November 1, 2014, E died, and Defendant B, C, and D, the wife, were the successors of property. Defendant A and D filed a report on the inheritance limited recognition with the Daegu Family Court on December 2, 2014, which was accepted on January 22, 2015 (Supreme Court Decision 2014Ra151, supra), Defendant B, and C filed a report on the inheritance limited recognition with the Daegu Family Court on February 10, 2015, which was accepted on April 3, 2015.

(Ground for recognition) / [Ground for recognition] / 2015-Ma19] / [Ground for recognition] / The fact that there is no dispute, Gap evidence 1 through 12 (including branch numbers; hereinafter the same shall apply), Eul evidence 1, and Eul's statements, significant facts in this court, and the purport of the whole pleadings.

2. According to the conclusion, the Defendants are obligated to pay to the Plaintiff the said amount of KRW 46,026,702 (i.e., KRW 45,668,133, KRW 358,569) calculated according to their respective inheritance shares within the scope of property inherited from each net E, and damages for delay by inheritance shares in relation to KRW 45,668,133.

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