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(영문) 수원지방법원성남지원 2017.12.19 2017가합403125
구상금
Text

1. The Plaintiff; Defendant B paid KRW 100,405,127; and Defendant C and D paid KRW 40,162,051, respectively.

2...

Reasons

1. Basic facts

A. Defendant B is the wife of the deceased E (hereinafter “the deceased”), and there are children between the deceased and Defendant B, F, G, Defendant C, Defendant D, and Plaintiff A.

F was married with H on May 9, 1985 and died before the Deceased, after having left his child I and J, and G died on March 22, 1986.

On July 27, 2013, the deceased died, and his spouse B, C, D, and the Plaintiff are his heir, and H, I, and J will succeed to the behavior of the deceased F.

B. On February 14, 2005, the Plaintiff paid KRW 29,380,000 to the Sungnam Agricultural Cooperative under the name of the deceased. On May 6, 2002, the Plaintiff concluded a construction contract for construction of a new house with the construction cost of KRW 14,00,000 on the land outside Sungnam-si L as well as KRW 2,40,000,000, and paid the construction cost of KRW 100,000 to KR from May 20, 2002 to 2003. The Plaintiff paid the construction cost of KRW 2,30,00,000 as the construction cost related to the construction to NA, and paid KRW 6,979,00 to N, etc.

In addition, the Plaintiff paid 51,804,710 won for hospital care expenses of the Deceased, 8,483,740 won for health insurance principal, and 15,435,00 won for nursing expenses on behalf of the Deceased, and paid 35,88,830 won for total of the local taxes and national taxes of the Deceased on behalf of the Deceased.

C. After the death of the deceased, the deceased promised to pay the above money, and the part inherited by representation to H, I, and J among the above debt of the deceased was agreed upon by the Defendant B to pay the said money on behalf of the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. As to the money paid by the Plaintiff on behalf of the Deceased as seen above, inasmuch as the Deceased promised to repay, the Defendants are obligated to pay to the Plaintiff the debt ratio corresponding to the inherited portion as indicated in the attached Table (However, the Defendant B added the netF share).

Therefore, Defendant B is obligated to pay KRW 40,162,05 to the Plaintiff, respectively, KRW 40,162,051 to the Plaintiff.

Furthermore, the plaintiff on February 14, 2005.

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