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(영문) 전주지방법원군산지원 2020.08.20 2019가단5999
매매대금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

The Plaintiff operates a wholesale store for fishing goods, and the network E operates a sales store for fishing goods, and the network E is supplied with goods from March 2010 to July 13, 2019 by the Plaintiff and does not pay KRW 81,920,000 after being supplied with fishing goods by the Plaintiff.

However, the network E died on October 10, 2019, and the Defendants were the successors of the network E, and the Defendants are the successors of the network E, so the Defendants should pay to the Plaintiff each amount of KRW 27,306,667, which is the amount equivalent to the Defendants’ inheritance shares among the above KRW 81,920,00, and damages for delay.

2. According to the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, the Plaintiff did not receive the price of KRW 81,920,000 even after supplying the net E with fishing products, and the Defendants can recognize the fact that the Plaintiff, as the heir of the network E, has the inheritance share of KRW 1/3. Thus, barring any special circumstance, the Defendants are liable to pay each of the Plaintiff KRW 27,306,667 and the delay damages therefrom.

The Defendants asserted to the effect that the application for renunciation of inheritance against the deceased E’s inheritance was accepted, and thus, they do not bear the obligation of inheritance. Accordingly, according to the evidence Nos. 1 and 2, the Defendants reported the renunciation of inheritance to the Jeonju District Court’s Gunsan Branch on October 18, 2019, and the above court may recognize the fact that on December 2, 2019, the Defendants filed a judgment on renunciation of inheritance (2019Hun-Ma588) with respect to the Defendants’ acceptance of the report on renunciation of inheritance. Thus, the Defendants’ aforementioned assertion is with merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit.

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