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(영문) 춘천지방법원 2015.10.07 2015가단2679
구상금
Text

1. Within the scope of the property inherited from the deceased B, the defendant shall be 103,515,598 won to the plaintiff and 65,366.

Reasons

1. Judgment on the plaintiff's claim

(a) Facts subsequent to the facts of recognition are either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, and 3 (including paper numbers), together with the purport of the entire pleadings, and the facts of the cause of the claim to be described in this part are as the facts of the cause of the claim listed in the

B. According to the above facts of recognition, unless there are special circumstances, the defendant, the heir of the deceased B, is obligated to pay the money stated in the purport of the claim to the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the qualified acceptance was granted.

B. In full view of the purport of the entire pleadings in the statement No. 2 of the judgment, the facts that the deceased B died on December 12, 201, and the defendant filed a report of the inheritance limited acceptance with the Chuncheon District Court 2012 shotdan104 on March 8, 2012 and accepted the report of the inheritance limited acceptance on March 30, 2012. Thus, the defendant's responsibility is limited to the scope of the property inherited from the deceased B, and the defendant's assertion is with merit.

C. Within the scope of the property inherited from the deceased B, the Defendant is obligated to pay to the Plaintiff 103,515,598 won and 65,366,201 won among them, at the rate of 12% per annum, the agreed interest rate for the period from April 6, 2015 to June 4, 2015, and at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case 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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