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(영문) 서울북부지방법원 2018.12.14 2018가단8115
물품대금
Text

1. The Defendants: (a) KRW 12,762,031, respectively, to the extent of the property inherited from the network G; and (b) KRW 9,980, among them.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against G in Daejeon District Court 2007Kadan69350, and the above court rendered a judgment on May 7, 2008 that "G shall pay to the plaintiff 49,900,000 won and 20% interest per annum from May 3, 2008 to the date of full payment." The above judgment became final and conclusive around that time.

B. On July 30, 2009, the Plaintiff received dividends of KRW 116,528,00,000,000 up to that point (i.e., 49,900,000 x 20% x 148/365 days per year). The amount of claims as of July 30, 2009 is KRW 63,810,156 (=49,90,000,000 - 14,026,684 - 116,528 won).

C. G died on December 11, 2008, and as inheritors, the Defendants are children.

On March 3, 2009, the Defendants reported to the Daejeon District Court Branch of Family Branch of Daejeon District Court 2009Modan344, and received a ruling of acceptance of a qualified acceptance report on April 23, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts, the defendants succeeded to the deceased within the scope of the deceased's inherited property. Thus, the defendants are obligated to pay to the plaintiff 12,762,031 won (=63,810,156 won x 1/5 of the inherited property x 1/5 of the inherited property x each heir's inherited property x 9,980,000 won (= 49,900,000 won x 1/5) among them, and to pay to the plaintiff Da the amount from August 1, 2009 to July 18, 2018; from July 19, 2018; from July 19, 2018; and from July 20, 2018; and from July 18, 2018; and from August 18, 2018, 2000 to August 18, 2018.

3. Thus, the plaintiff's claim of this case is above.

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