logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.12.09 2015나10968
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants each of the Plaintiff KRW 9,829,174 and 1,108.

Reasons

1. Basic facts

A. On March 12, 2010, the deceased D (hereinafter “the deceased”) received each loan of KRW 7 million from Cheongcheon Agricultural Cooperative (hereinafter “the instant loan 1”) and KRW 125 million from Cheongcheon Saemaul Fund on July 5, 2010 (hereinafter “the instant loan 2”).

B. Real estate (hereinafter “instant real estate”) was owned by the Deceased, including H land in the Chungcheongnambuk-gun, Chungcheongnambuk-gun, and following the Deceased’s death on October 5, 2010, the Plaintiff, the Defendants, the F, and G inherited the property as the wife of the Deceased.

C. On March 7, 2011, the Plaintiff repaid KRW 7,207,123 in total of the principal and interest on the instant loan No. 1. On July 5, 2013, the Plaintiff and E repaid KRW 145,149,620 (the amount repaid by the Plaintiff is KRW 50 million out of the amount repaid by the Plaintiff). On February 3, 2014, the Plaintiff paid KRW 7,936,590 in total of acquisition tax on the entire real estate of this case (hereinafter “acquisition”), and paid KRW 3,783,326 (hereinafter “the instant remuneration”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the above facts, among the above obligations that the Plaintiff paid or paid by the Plaintiff, the amount equivalent to 2/13 of the Defendants’ respective inheritance shares out of the above obligations that the Plaintiff paid in or paid in subrogation of the Defendants. Thus, barring any special circumstance, the Defendants shall pay to the Plaintiff the amount equivalent to 2,91,852 won [=18,927,039 won (=7,207,123 won), 7,936,590 won (3,783,326 won) x 2/13, and 2/13 of the above amount of reimbursement due to the payment by subrogation of the Plaintiff, barring any special circumstance.

2) The portion of the claim for reimbursement due to the repayment of the second loan of this case is divided and paid in excess of its share of inheritance as the partial obligation.

arrow