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(영문) 부산지방법원 2015.09.15 2015가단31809
임금
Text

1. The Plaintiff within the scope of the property inherited from the network E, and Defendant B, Defendant B, Defendant C, and D, respectively, 6,571.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff was employed by the Ganpy Medical Research Foundation, an incorporated foundation, and was expected to open the said Foundation until November 2014, to engage in the work related to the opening of the F Council members.

B. On March 11, 2015, the Plaintiff agreed with the deceased E (hereinafter “the deceased”) to the effect that “the deceased shall pay a total of KRW 23 million to the Plaintiff on March 30, 2015, and each KRW 5 million shall be paid on May 30, 2015, and each KRW 5 million on May 30, 2015, and June 30, 2015 shall be paid in installments; and even on a day, the Plaintiff shall pay damages for delay calculated at the rate of 20% per annum on the balance.”

C. On April 5, 2015, the Deceased died, and his heir was Defendant C and D, the spouse of Defendant B and C.

On June 30, 2015, the Defendants reported an inheritance limited recognition as the Busan Family Court 2015-Ma2240 on June 30, 2015. On July 17, 2015, the said court rendered an adjudication accepting a qualified acceptance report.

[Grounds for recognition] The items of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants were entitled to qualified acceptance as the deceased’s heir. Thus, the Defendants are liable to pay the deceased’s obligation to the Plaintiff within the scope of the property inherited from the deceased, according to their respective inheritance shares.

Therefore, within the scope of the property inherited from the deceased, Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum, which is the rate of 20% per annum, from July 7, 2015 to the day of full payment, to the day of delivery of a copy of the complaint of this case sought by the plaintiff as to each of the above agreed amounts, as to each of the above agreed amounts, KRW 6,571,428 (=23 million to the day of full payment x 2/7) and each of the above agreed amounts.

3. Thus, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remainder is without merit.

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