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(영문) 대전지방법원천안지원 2015.06.23 2015가단100873
구상금
Text

1. The plaintiff within the scope of the property inherited to the net F, and the defendant A shall be 38,455,557 won and 17,862.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 and No. 22 of the judgment as to the cause of the claim, the facts in the separate sheet No. 1 can be acknowledged.

According to the above facts, Defendant A, who is the spouse of the network F, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from February 4, 2015 to February 4, 2015, with respect to the Plaintiff’s share of inheritance, and KRW 38,45,557 (=41,003,711 x 3/11 x 17,862,257 of the indemnity principal (=5,494,943 x 3/11). Defendant B, C, D, and E, who are the children of the network F, are 25,637,038 won (=141,03,03,711 x 2/11), and each of them is 11,908,171 won (=65,494,943 won x 2/11).

2. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 on the judgment regarding the Defendants’ defense of qualified acceptance of inheritance, the Defendants filed a report on qualified acceptance of inheritance with the Daejeon Family Court as the Daejeon Family Court Branch Decision 2013Radan555 on January 20, 2013, and filed a report on qualified acceptance of inheritance with respect to deceased F on July 26, 2013 by the said court.

According to the above facts, the defendants are legally entitled to inheritance as the deceased F's heir. Thus, the defendants are responsible for the performance of the obligations acknowledged before the plaintiff within the scope of inherited property with the deceased F's heir. Thus, the defendants' defense pointing this out has merit.

3. Thus, the plaintiff's claim of this case against the defendants 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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