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(영문) 인천지방법원 2019.04.10 2018나6433
임금
Text

1. The judgment of the court of first instance is modified as follows.

To the extent of the property inherited from the network E,

Reasons

1. There is no dispute between the parties to the determination as to the cause of the claim, or comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence Nos. 1 through 3, the fact that the plaintiff worked in F, operated by the deceased E (hereinafter “the deceased”), from December 1, 201 to August 31, 2016, the retirement pay accrued at the time of retirement of the plaintiff was 15,602,286, the deceased died on April 20, 2018, and the deceased’s heir was able to recognize the fact that there was Defendant C and D, the spouse of the deceased, and the deceased’s heir.

According to the above facts, barring special circumstances, the Defendants are obliged to pay to the Plaintiff the amount equivalent to the Defendants’ respective inheritance shares out of the Plaintiff’s retirement allowances, namely, Defendant B’s 6,686,694 won (=15,602,286 won x 3/7), Defendant C and D respectively (=15,602,286 won x 2/7) and delay damages for the said money.

2. The Defendants asserted that the Defendants’ assertion of the qualified acceptance defense by the court regarding qualified acceptance is limited to their liability, and thus, according to each of the evidence Nos. 1 and 2, the Defendants filed a report on the qualified acceptance of the inheritance to the father of the Incheon Family Court on September 6, 2018 with the deceased’s inheritor, and the said court accepted the said report on September 28, 2018. As such, the Defendants are obliged to pay the said retirement allowance to the Plaintiff within the scope of the property inherited from the deceased, and the aforementioned defense by the Defendants is reasonable.

3. Accordingly, according to the conclusion, Defendant B’s 6,686,694 won, Defendant C, and D’s 4,457,796 won, respectively, and the following day after September 14, 2018, which are clearly indicated in the record that it is reasonable to dispute over the existence or scope of the Defendants’ performance obligation from September 14, 2018, as the Plaintiff seeks, within the scope of the property inherited from the Deceased to the Plaintiff, and from the following day to the day of full payment, the Special Act on the Promotion of Legal Proceedings, etc., which is prescribed by the Civil Act, from September 10, 2019.

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