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(영문) 창원지방법원 2019.04.11 2018가단7125
공사대금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 59,460,000, and the Plaintiff’s amount of KRW 59,460,000.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is operating “E” in Kimhae-si D. 2) The Defendant is the heir as the wife of the network C.

B. 1) The Plaintiff supplied the “F” operated by the network C with the main household and set up it at the site. 2) The Plaintiff was not paid the outstanding amount of KRW 59,460,000 from the network C.

1) The deceased C died on May 2, 2018. 2) The deceased C has the wife, the Defendant, G, and H as the heir of the deceased C.

3) On July 31, 2018, the Defendant reported a fixed-term succession to inheritance under the jurisdiction of the Changwon District Court Branch No. 2018-Ma342, and the said court accepted the said report on October 31, 2018. Meanwhile, G and H’s report on renunciation of inheritance was accepted on July 9, 2018 (the fact that there was no dispute over the grounds for recognition, the entries in Gap’s evidence No. 1 and No. 3, and the purport of the entire pleadings.

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of 59,460,000 won unpaid to the Plaintiff within the scope of the property inherited from the deceased C and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 10, 2018, which is the day following the delivery of a copy of the complaint of this case, until April 11, 2019, which is the date of the pronouncement of this case, to the day following the delivery of a copy of the complaint of this case.

3. Conclusion, the plaintiff's claim of this case against the defendant is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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