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(영문) 대구지방법원포항지원 2019.04.09 2018가단5360 (1)
사전구상금
Text

1. The Plaintiff:

A. Defendant C shall have full payment of KRW 22,390,696 and KRW 21,857,143 among them from September 19, 2018.

Reasons

On May 12, 2016, the networkF borrowed KRW 60,000,00 from the Plaintiff under the guarantee of the H organization of the G management institution. The current status of the netF’s obligations to the Plaintiff is as shown in the attached Table. The networkF is as follows: (a) death on December 19, 2015; (b) Defendant C inherited each networkF with three-seven equity shares; (c) Defendant D and E inherited each networkF with two-seven equity shares; and (d) Defendant E, by filing a report on qualified acceptance of inheritance of the networkF’s property (this Court Order 2018Du4377, Nov. 22, 2018). The fact that there is no dispute between the parties or is recognized by comprehensively taking into account the purport of the entire statement in subparagraphs 1 through 11 as a whole.

Therefore, according to the pertinent inheritance share ratio, Defendant C is obligated to pay to the Plaintiff the amount of KRW 22,390,696 and the amount of KRW 21,857,143 with 13% interest per annum from September 19, 2018 to the date of full payment; Defendant D is obligated to pay the amount of KRW 14,927,131 and the amount of KRW 14,571,429 with 13% per annum from September 19, 2018 to the date of full payment; Defendant E is obligated to pay the amount of KRW 14,927,131 and 14,571,429 within the scope of the property inherited from the deceased F to the date of full payment; and Defendant E is obligated to pay the amount of KRW 13% interest per annum from September 19, 2018 to the date of full payment.

The plaintiff's claims against the defendant C and D are accepted on the grounds of their reasoning, and the claims against the defendant E are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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