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(영문) 창원지방법원 2016.01.15 2015가단82637
구상금
Text

1. The Defendants are 10,325,741 won and 10.0 of them, within the scope of property inherited from the deceased C, respectively, to the Plaintiff.

Reasons

A Evidence Nos. 1 through 6, No. 1, and No. 1 may be recognized in full view of the purport of the entire pleadings, and there is no counter-proof.

Therefore, the Defendants are obligated to pay 10,325,741 won each and 10,325,732 won each of the subrogated principal, within the scope of the property inherited from the deceased C, with 5% per annum from February 21, 2013, the date of subrogation, until September 23, 2015, the application for change of the purport of the claim and the cause of the claim, which was served on the Defendants as of September 23, 2015, until December 8, 2015, and 15% per annum from the next day to the date of full payment.

[The statutory interest rate of 15% per annum shall apply from October 1, 2015, pursuant to Article 2(2) of the Addenda of the Regulations on Special Cases Concerning Expedition, etc. (amended by Presidential Decree No. 26553, Sep. 25, 2015) to the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, Etc. (amended by Presidential Decree No. 26553, Oct. 1, 2015). The Defendants asserted that the Plaintiff’s claim of this case should be dismissed since they received a request for a limited approval on inheritance against the network C, and

Even if the claim is not extinguished, the above assertion by the Defendants is without merit.

Thus, the plaintiffs' claims are justified within the above recognition scope, and the remaining claims shall be dismissed as they are without merit.

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