logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.09.16 2015가단2211
구상금
Text

1. The Plaintiff:

A. As to KRW 27,984,151 and KRW 9,642,129 among them, Defendant A shall have jurisdiction over KRW 27,984,15 and KRW 9,642,129 from March 18, 2015 to August 21, 2015.

Reasons

1. Judgment on the plaintiff's claim

(a) Facts subsequent to the facts of recognition may be acknowledged either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 4 (including a serial number), by taking into account the overall purport of the pleadings, and the facts of the cause of the claim to be described in this part are as shown in the attached Form.

B. According to the above facts of recognition, barring special circumstances, the Defendants, the heir of the network E, are obligated to pay the Plaintiff the money claimed in accordance with the inheritance shares.

2. Determination as to Defendant B, C, and D’s assertion

A. The above Defendants asserted that the qualified acceptance was granted.

B. Comprehensively taking account of the overall purport of the arguments in each of the statements in the evidence Nos. 1 and 2, the facts that the deceased E died on September 18, 2001, and the facts that the above Defendants filed a report on the inheritance limited acceptance on July 20, 2013 with the Chuncheon District Court 2013-Ma323 on September 24, 2013 and accepted the report on the inheritance limited acceptance on September 24, 2013. As such, the Defendants’ liability is limited to the scope of the property inherited from the network E, the aforementioned Defendants’ assertion is with merit.

C. According to the theory of lawsuit, the Plaintiff is obligated to pay damages for delay at the rate of 12% per annum, which is the agreement rate from March 18, 2015 to August 21, 2015, with respect to KRW 27,984,151 among them, and KRW 9,642,129 among them, and 12% per annum from March 18, 2015 to August 21, 2015, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The Plaintiff is obligated to pay damages for delay at the rate of 18,656,100 won inherited from the network E within the scope of property, ② from March 18, 2015 to KRW 6,428,086 among them, from March 18, 2015 to May 8, 2015 to the day of full payment.

arrow