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(영문) 광주지방법원 해남지원 2018.08.21 2017가단2967
구상금
Text

1. The Defendants: (a) each of the KRW 20,360,373 and 10,508,508, within the scope of property inherited from the network C to the Plaintiff.

Reasons

1. Each fact in the form of a claim after the change in the attached Form of judgment as to the cause of the claim does not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings as to Gap evidence Nos. 1 through 8 (including the branch numbers). Thus, barring any special circumstance, the defendants are liable to pay to the plaintiff delay damages for KRW 20,360,373 and KRW 10,508,613, respectively.

2. After the Defendants died on October 16, 2013, the Defendants filed a report on the limitation of inheritance with the Gwangju Family Court Branch 2013Ra246 Decided October 16, 2013, and the fact that the said report was accepted on October 28, 2013 does not conflict between the parties, and thus, the Defendants are obliged to pay the said money within the scope of the property inherited from the network C.

3. Accordingly, the Defendants are obligated to pay damages for delay calculated by applying each ratio of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from November 10, 2017 to August 21, 2018, where it is deemed reasonable to dispute the existence and scope of the Defendants’ obligations as to KRW 20,360,373, and KRW 10,508,613, respectively, within the scope of property inherited to the Plaintiff from the network C, to the Plaintiff.

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as there is no ground.

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