(영문) 창원지방법원 2019.05.30 2018나4998 | 리걸엔진

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(영문) 창원지방법원 2019.05.30 2018나4998

임금등

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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 April 4, 2011 to March 20, 2017, the Plaintiff worked for “G” operated by the networkF (hereinafter “the network”).

B. From August 1, 2016 to March 20, 2017, the sum of wages and bonuses not paid by the deceased is KRW 6,312,960 (hereinafter “instant debt”).

C. Following the deceased’s death on December 6, 2017, Defendant C, D, and E inherited the deceased’s property rights and obligations, which are the deceased’s wife, and the Defendants, the inheritor of the deceased, filed a report of qualified acceptance with the Changwon District Court Decision 2018 Mo10015 on February 9, 2018 and received the said report of qualified acceptance from the said court on February 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, 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 to the Plaintiff the instant obligation and damages for delay thereof according to their share of inheritance, barring any special circumstance.

B. The Defendants’ defense of qualified acceptance was conducted on the deceased’s inheritance obligations. As such, the Defendants asserted that they are responsible for the repayment of the instant debt only within the scope of the deceased’s inherited property. Since the deceased’s death, the Defendants were adjudicated on the acceptance of a qualified acceptance report as to February 21, 2018, the Changwon District Court Decision 2018 Masan Branch10015, Feb. 21, 2018. As seen earlier, the Defendants are liable to pay the instant debt and delay damages within the scope of the property inherited from the deceased. Accordingly, the Defendants’ defenses are reasonable. As such, the Defendants intentionally omitted the instant debt in the list of inherited property while filing a report on the qualified acceptance, the Defendants’ simple approval as to the inheritance of the deceased’s property pursuant to Article 1026 subparag. 3 of the Civil Act.

참조조문

-민법 제1026조 제3호

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