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(영문) 서울동부지방법원 2015.01.06 2014가단30279
물품대금
Text

1. The Defendants, within the scope of property inherited from the network D, to the Plaintiff:

A. Defendant B is 49,484,100 won.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff operated a wholesale business with the trade name “E” and supplied D with a total of KRW 31,273,500.

B. On June 15, 2013, the Plaintiff lent KRW 20 million to D, and D issued promissory notes as of June 15, 2013 for the payment of the above borrowed amount, the issue date was June 15, 2013; the payee was the Plaintiff; the payee was the Plaintiff; the face value was KRW 20.6 million; and the due date was December 5, 2013.

C. On October 14, 2013, the Plaintiff lent KRW 30 million to D, and D issued a promissory note as of October 14, 2013, the issue date of which is October 14, 2013; the payee was KRW 30.6 million; and the due date was November 14, 2013.

However, D died on November 9, 2013 and jointly inherited D's property at the ratio of 3/5 shares of Defendant B, his spouse, and 2/5 shares of Defendant C, his child.

E. The Defendants filed an application with the Seoul Family Court 2014Hun-Ma1138 for adjudication on the recognition of inheritance limited liability. On April 18, 2014, the said court rendered a judgment to accept the Defendants’ report on the qualified acceptance of the Defendants’ report on the qualified acceptance.

[Grounds for Recognition: Entry of Evidence No. 1-3, Evidence No. 1-1-3, and the purport of the whole pleadings]

2. According to the above facts of determination, with respect to the Plaintiff, within the scope of property inherited from the network D, and with respect to 49,484,100 won [3/50 won ( KRW 31,273,500 won) x 3/500] x the amount of the goods 18,764,100 won ( KRW 31,273,500 x 3/500) x 3/500 following the day following the day on which the request for performance is made, Defendant B shall pay damages for delay calculated at the rate of 20% per annum from November 27, 2014 to the day of full payment x 3/500,000 won, 1,8360 won ( KRW 3,600,0000) x 3.161% following the day following the day on which a copy of the bill of this case is served x 201,361.215

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