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(영문) 수원지방법원 2017.09.27 2017가단516915
각서금
Text

1. The Defendants, within the scope of the property inherited from the networkF, shall be KRW 35,00,000, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) claimed KRW 140 million against Non-Party NetworkF (hereinafter “the deceased”); (b) on November 19, 2012, the Deceased confirmed the above obligation; (c) on which November 30, 2014, KRW 50 million was paid in installments; (d) on June 30, 2015, KRW 40 million was paid in installments; and (e) on December 31, 2015, KRW 300,000 per month was paid in interest name; and (e) on December 31, 2015, KRW 30,000 per month was paid in advance when paying interest or paying the said principal.

B. However, the deceased died on September 22, 2015 without discharging the above obligation, and the Defendants, a collateral blood relative, jointly inherited the property of the deceased, as a collateral blood relative, on the wind that the deceased renounces inheritance.

[Grounds for Recognition] Facts without dispute, entry in Gap 1, 2, 4-5 (including virtual numbers), and whether all pleadings are held

2. The assertion and judgment

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 inherited debt amounting to KRW 35 million (=140 million x 1/4), the agreed interest thereon, and delay damages, unless there are special circumstances.

B. As to the determination of the Defendants’ assertion, the Defendants asserted to the effect that, as co-inheritors of the deceased, the qualified acceptance of inheritance was made, and that they cannot comply with the Plaintiff’s claim since they publicly announced an inheritance limited acceptance approval at the Asian Economic Examination on November 17, 2016, and thus, they applied for an inheritance limited approval as to September 13, 2016 by the Suwon District Court 2016-Ma50370 on September 13, 2016 in full view of the overall purport of the pleadings, the Defendants applied for an inheritance limited acceptance of the said qualified acceptance report on October 31, 2016. Accordingly, the Defendants are obliged to pay the above inheritance debt to the Plaintiff within the scope of the property inherited from the deceased, and on the other hand, the Defendants are obligated to accept the qualified acceptance.

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