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(영문) 춘천지방법원영월지원 2016.04.07 2015가합399
공사대금
Text

1. The defendant shall not exceed 80,000,000 won to the plaintiff (appointed party) within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. On May 19, 2014, the Plaintiff and the Appointor D had been awarded a contract for the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the F Ground G in Gangwon-gun, Gangwon-gu (hereinafter “the deceased”) at KRW 150,000,000 (the Plaintiff’s share, the remainder of KRW 70,000,000,000, out of these), and the period of the construction work from May 20, 2014 to July 10, 2014.

B. The Plaintiff and the Appointed completed the above construction work around July 2014.

C. The Deceased died on January 17, 2015, and the Defendant is the only heir as the deceased’s spouse.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 7 through 13 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the Defendant, as the inheritor of the Deceased, is obligated to pay the Plaintiff KRW 80,000,000 to the Appointor, KRW 70,000,000, and damages for delay on each of the said money, unless there are special circumstances.

3. As to the defendant's defense, the defendant defense to the effect that the defendant cannot respond to the plaintiff's claim by giving up or giving up inheritance of the deceased's property or giving up qualified acceptance.

According to the purport of the entirety of the pleadings, the Defendant reported the qualified acceptance on April 9, 2015 to the Youngcheon District Court’s Young-gu branch, stating the obligation to pay construction price to the Plaintiff as a passive property, and on June 15, 2015, the said court accepted the Defendant’s report on the qualified acceptance (2015-Ma63).

Therefore, the defendant is liable to repay the debt to the plaintiff, etc. within the scope of the property inherited from the deceased.

The defendant's defense is justified within the scope of the above recognition.

4. Conclusion, the Defendant, within the scope of the property inherited from the Deceased, deems it reasonable for the Plaintiff to dispute the existence or scope of the obligation to perform as to the Plaintiff from October 7, 2015, the following day after the service of the original copy of the instant payment order, with respect to the amount of KRW 80,000,000 to the Selection D, and each of the said amounts.

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