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(영문) 서울중앙지방법원 2015.12.16 2014가단5277315
양수금
Text

1. The Plaintiff:

A. As to KRW 53,659,662 as well as KRW 13,723,238 among them, jointly and severally with G:

B. Defendant B.

Reasons

1. The grounds for claims against the defendant A, B, C, D, and E and the changed grounds for claims [Provided, That the part "the plaintiff omitted the claims against the defendant F for inheritance obligations," the part "child B" shall be deleted, and the part "1,829,765 won" shall be "2/15 of statutory inheritance shares," "3/15 to 2/15 of statutory inheritance shares," and the part "the defendant F" and "the above defendant" shall be changed to "the defendant," respectively," so there is no dispute between the parties. As such, the plaintiff shall be jointly and severally and severally with G, ① the defendant A shall be 53,69,62 won and its 13,723,238 won among them, ② the defendant B shall be 10,71,9329,75 won, 364, 365 won, 362, 365 won, 372, 364, 3665 x 1636

As to this, Defendant A asserts that he is responsible only within the scope of the property inherited from the deceased H with respect to the above obligation.

The above debt of Defendant A is not inherited by Defendant A but incurred by Defendant A’s joint and several surety that the deceased H incurred as a joint and several surety for one debt in accordance with the claim specification table in attached Form 4, which is the cause of the claim of G. Thus, Defendant A’s assertion is without merit.

2. The cause of the claim and the changed cause of the claim against Defendant F. However, in Paragraph 2, the part of the “Plaintiff omitted the claim against Defendant F for inheritance obligation,” which reads “child” as “spouse or child,” and “legal share of KRW 1,829,765 as “legal share of inheritance 3/15 to 2/15”, respectively.

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