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(영문) 광주지방법원 2020.01.09 2019가합57676
양수금
Text

1. The Plaintiff within the scope of the property inherited from the net G:

A. Defendant A: 275,294,184 won and 135,067.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the deceased G with the Gwangju District Court 2009Gahap1902, and on May 14, 2009, the above court rendered a judgment that "the deceased G shall pay to the plaintiff 1,192,941,465 won and 585,291,76 won with interest of 19% per annum from January 1, 2009 to the date of complete payment," and the judgment became final and conclusive around that time.

B. The deceased G (hereinafter “the deceased”) died on February 15, 2017. At the time of the deceased’s death, Defendant B, C, D, E, and F, the deceased’s spouse, and Defendant B, C, D, D, E, and F inherited the deceased’s respective shares of 3/13, Defendant B, C, D, E, and F, 2/13.

C. On April 11, 2017, the Defendants filed a report on the approval of succession with the Gwangju Family Court No. 2017-Ma615, and received the said report from the said court on June 10, 2017.

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

2. According to the above facts of recognition, the plaintiff is within the scope of the property inherited from the deceased, and the defendant A is within the scope of the property inherited from the deceased (=1,192,941, 465 won x 3/13 (turf less than won; hereinafter the same shall apply).

[) Of them, 135,067,32 won (=585,291,776 won x 3/13) and 135,067,332 won (i.e., 585,29,291,776 won x 3/13) are liable to pay damages for delay calculated at the rate of 19% per annum from January 1, 2009 to the date of full payment (=183,529,45 won x 2/13) and 90,04,888 won (=5,291,776 won x 2/13) from January 1, 2009 to the date of full payment).

(3) The plaintiff's claim against the defendants is justified. Thus, the plaintiff's claim against the defendants is accepted. It is so decided as per Disposition by the assent of all.

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