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(영문) 서울중앙지방법원 2016.03.30 2013가단5133487
구상금
Text

1. As to the Plaintiff, Defendant A, B, C, and E, respectively, KRW 7,132,626 and KRW 6,531,248 from January 17, 2013 to March 2, 2016.

Reasons

1. Facts of recognition;

(a) The grounds for the claim are as shown in the annexed sheet of claim;

B. O (hereinafter “O’s death and inheritance relation”) died on August 14, 2012. P and her husband, who is the first heir, Q2, the second heir, the third heir, or the third heir. The deceased’s fourth heir, and the third-class related parties A, B, C, and E (Defendant 1-4) and C, T, U (V) and W, X, and the third-class related parties, G, H, H, I, K, L, M, NA (Defendant 5-13) and Y, Z, Z, AC, and AD. The deceased’s mother, the second heir, the second heir, and the third heir, the third heir, and the third heir. The deceased’s fourth heir, the deceased’s heir, the third-class heir, and the third heir, the heir and the third heir, and the third-class heir, the third-class related parties, and the third-class related parties, the deceased’s heir and the third-class heir, the heir and the third-party, and the third-party, the third-party.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, Gap evidence 2-7, Eul evidence 1-1, 2, 3, and the purport of the whole pleadings

2. Determination

A. The Deceased’s indemnity obligation is obligated to pay to the Plaintiff the amount of KRW 28,530,505 (the amount of subrogated payment of KRW 26,124,95 in substitute payment of KRW 2,273,610 in substitute payment of KRW 131,90 in substitute payment of KRW 26,124,995 in substitute payment of KRW 26,124,995 in substitute payment of KRW 26,124,95 in subrogation payment of KRW 26,124,95 in subrogation

B. Among the third degree of inheritance of the deceased of the claim against the defendant A, B, C, and E, the above defendants are the deceased's heir, and the defendants' share of inheritance is equally divided.

(Article 109(1) of the Civil Act. Therefore, the Defendants are obligated to pay to the Plaintiff 7,132,626 won each (28,530,505 won x 1/4) and 6,531,248 won each of them (26,124,95 won x 1/4) in proportion to their shares of inheritance, 12% per annum from January 17, 2013 to February 24, 2016, the date of final delivery of the application for change of the purport of the claim and the cause of the claim, from February 24, 2016 to March 2, 2016, 15% per annum from the following day to the date of full payment.

However, since the report of qualified acceptance by the defendant B, C, and E was accepted, the defendant B, C, and E shall be limited to the scope of the property inherited from the deceased.

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