logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2017.11.09 2017가단7428
구상금
Text

1. Within the scope of the property inherited from each network E, to the Plaintiff:

A. Defendant A is 26,136,176 won and its importance.

Reasons

1. Basic facts

A. On July 13, 2007, the Plaintiff filed an application for payment order against the deceased E (hereinafter “the deceased”) with the Daejeon District Court Branch Branching 2007Guj2878, and on July 13, 2007, the Plaintiff issued a payment order that “the deceased shall pay to the Plaintiff 87,760,692 won and 86,386,116 won with 15% interest per annum from July 11, 2007 to the date of full payment.”

The above payment order was finalized around that time.

B. The Deceased died on May 19, 2016, before the instant lawsuit was filed, and his heir was the Defendant B, C, and D, the spouse of the deceased.

C. On July 25, 2017, the Plaintiff filed the instant lawsuit against the Deceased on July 25, 2017 for the extension of the prescription period of the claim based on the previous payment order, but corrected the indication of the party as the Defendants, who were heirs.

On the other hand, as of July 14, 2017, the sum of subrogated payments and damages for delay under a credit guarantee contract between the plaintiff and the deceased is KRW 78,408,524, and the remainder of subrogation is KRW 31,020,939.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 through 4, the Defendants may recognize the fact that the Defendants filed a petition for an adjudication on the limited recognition of inheritance with the Suwon District Court Decision 2017Radan592, which was rendered on Oct. 19, 2017, to accept the qualified acceptance on Oct. 19, 2017.

According to the above facts and the above facts, within the scope of the property inherited from the deceased, Defendant A divided the sum of 26,136,176 won as of July 14, 2017, as of July 14, 2017 by 3/9, and 10,340,313 won, which is the amount calculated by dividing the amount of subrogated payment, delay damages, etc. as of July 15, 2017 by 3/9; Defendant B, C, and D, by 2/9, the sum of the amount of subrogated payment, delay damages, etc. as of July 14, 2017, respectively, divided by 17,424,116 won and the amount of subrogated payment as of July 15, 2017 by 2/9.

arrow