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(영문) 서울중앙지방법원 2015.06.09 2014가단250070
양수금
Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share 1,909,736 won;

B. Defendant A Co., Ltd. shall be 64.

Reasons

1. Claim against the defendant A and B

(a) Indication of claims: To describe the grounds for claims and the changed grounds for claims as shown in the attached Form;

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'.

Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act)

b. Claim against Defendant C, D, E, F, and G

A. According to each of the statements in Gap's Evidence Nos. 1 through 4 (including paper numbers), it can be recognized as the grounds for the attachment and the changed grounds for the claim.

Thus, barring any special circumstance, Defendant C, the spouse of the network H, is 6,000,000 won (=26,000,000 won x 3/13 shares in inheritance x 3/13 shares in inheritance), Defendant D, E, F, and G joint and several sureties, and Defendant C, the spouse of the network H, is a child of the network H.

Defendant C, D, E, F, and G are liable to pay each amount within the scope of the property inherited from the deceased H, as well as the amount of KRW 26,000,00,000,00 for the joint and several liability limit of the deceased H x 2/13 shares in inheritance.

B. As to this, the above Defendants were tried to waive inheritance against the deceased H’s inherited property, the Plaintiff’s claim against the above Defendants is groundless. However, as the Plaintiff is the Plaintiff, the Defendants can only be recognized as having received the adjudication on the qualified acceptance, and there is no evidence to acknowledge the fact that the said Defendants received the adjudication on the renunciation of inheritance, as alleged by the above Defendants.

Therefore, the above defendants' arguments are without merit.

3. Thus, the plaintiff's claim against the defendants is accepted on the ground of its reasoning.

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