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(영문) 수원지방법원평택지원 2019.08.29 2019가단51558
상속채무금 청구의 소
Text

1. The Defendants’ property to the Plaintiff within the scope of the property inherited from the deceased F, Defendant C shall be KRW 55,457,374, Defendant D, and Defendant D.

Reasons

1. Basic facts

A. The Plaintiff supplied agricultural products and rice to G, and did not receive 129,400,540 won for the goods.

B. On October 21, 2017, the network F with which the said goods price liability was jointly and severally guaranteed (hereinafter “the deceased”) died, and his/her heir is Defendant C, Defendant D, a spouse, and E.

C. On April 9, 2018, the Defendants were tried to approve the inheritance of the deceased as the deceased’s predecessor by Seoul Family Court Decision 2017 Madan53358, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 2, and the purport of the whole pleadings

2. According to the above findings of determination, the Defendants jointly inherited the above goods-price obligations jointly and severally guaranteed by the Deceased. As such, Defendant C is obligated to pay to the Plaintiff within the scope of the property inherited from the Deceased; Defendant C is obligated to pay to the Plaintiff 5,457,374 won (i.e., KRW 129,40,540 x 3/7 shares in inheritance; hereinafter the same shall apply); Defendant D, and E to each of the 36,971,582 won (i.e., KRW 129,40,540 x 2/7 shares in inheritance x 129,40 x 2/7), and statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 5, 2019 to May 31, 2019, to the statutory interest rate of Article 36(1)58(1) of the former Act on Special Cases Concerning Expedition, etc.

3. In conclusion, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and all of them are accepted. Since each claim is without merit, all of them are dismissed. It is so decided as per Disposition.

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