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(영문) 광주지방법원 2020.09.15 2020가단519180
구상금
Text

1. Within the scope of the property inherited from the network D, Defendant (Appointed Party) C, Appointed E, F, and G are the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 12, 2010, the Plaintiff filed a claim for reimbursement against the deceased L (hereinafter “L”) with the Gwangju District Court 2010da9004, and sentenced the judgment on July 15, 2010 that “L shall, within the scope of the property inherited from the deceased M, pay to the Plaintiff 98,342,054 won per annum and 5% per annum from December 18, 1998 to February 3, 2000, and 25% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on August 4, 2010.

B. Following L’s death on August 2, 2014, the deceased’s children or their successors (appointed parties) and the designated parties inherited the deceased as follows:

The heir's shares in the succession of this case (98,342,054 won x 16,390,342 won x 1) inheritance of this case. The same shall apply to the case where the heir's shares in the succession of this case are abandoned less than KRW 16,392 won.

2 F Inheritance 1/6 G Inheritance 1/6 3 G Inheritance 1/6 4 C Inheritance 1/64 H 1/12 each (the children of each network N) 8,195,171 won 5 I 6 J Inheritance (the spouse of the network) 3/30 (=1/6 x 3/5) 9,834,205 won 7 K Inheritance (the child of the networkO) 2/30 (the child of 1/2 x 2/5) 6,56,136 (the ground for recognition) , the entry of evidence No. 1, the purport of the entire pleadings, and the purport of the whole pleadings.

2. According to the above findings of the determination as to the cause of the claim, within the scope of the property inherited from the deceased, Defendant (Appointed Party) C, Selection E, F, and G are obligated to pay to the Plaintiff 16,390,342 won (1/6 won x 1/6) respectively, 8,195,171 won (98,342,054 won x 1/122) in the Selection, Selection, and I are 9,834,205 won (98,342,054 won x 3/30) (98,342,054 won x 3/30), Selection K is 6,556,136 won (98,342,054 won x 2/30) in the annual rate from the following day to the 25th day of February 18, 198; 195% in the annual rate from the following day.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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