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(영문) 창원지방법원 2019.07.05 2018나4981
임금등
Text

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

The scope of the property inherited from the net F shall be limited to the Plaintiff.

Reasons

1. Basic facts

A. From January 19, 2012 to January 31, 2017, the Plaintiff worked for “G” operated by the networkF (hereinafter “the network”), and was not paid KRW 2,620,649 (hereinafter “instant obligation”).

B. The Deceased died on December 6, 2017, and the Defendant C, D, and E, the wife of the Deceased, jointly inherited the deceased’s property on the same day.

(The legal share of the Defendant’s inheritance is 3/9, Defendant C, D, and E. (2/9).

On February 9, 2018, the Defendants, the inheritor of the deceased, filed a report on the qualified acceptance of inheritance with the Changwon District Court Branch 2018Na10015, and received the said court’s judgment on February 21, 2018 on the acceptance of the report on the qualified acceptance of inheritance (hereinafter “instant qualified acceptance”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, co-inheritors of the deceased, are liable to pay the Plaintiff the instant obligation and damages for delay thereof in proportion to their shares of inheritance, unless there are special circumstances.

B. 1) The Defendants asserted that they are liable to repay the instant debt only within the scope of the inherited property inherited from the deceased, on the grounds that they received the qualified acceptance of inheritance, etc., the Defendants are liable to pay the instant debt and its delay damages within the scope of the inherited property from the deceased according to their respective shares of inheritance. As seen earlier, the Defendants are liable to pay the instant debt and its delay damages according to their respective shares of inheritance within the scope of the inherited property from the deceased. Therefore, the Defendants’ defenses are reasonable. 2) As to this, the Defendants intentionally omitted the instant debt on the inherited property list when filing the report of the qualified acceptance of inheritance of this case, the Defendants intentionally omitted the instant debt in accordance with Article 1026 subparag. 3 of the Civil Act.

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