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1. The Plaintiff:
A. Defendant B shall be KRW 360,000,000 within the scope of the property inherited from the network D and shall be subject thereto.
Reasons
1. Basic facts
A. The Plaintiff is a company that conducts facility security business, etc., and the network D (hereinafter “the network”) was a person who held office as the representative director of the Plaintiff until his/her death.
(A) The certified transcript of corporate register submitted by the plaintiff is registered as the representative director on June 27, 2004 and has been registered as the representative director at the time of death).
The Deceased died on May 11, 2017, and his spouse B and Defendant C are the deceased’s heir.
C. According to the Plaintiff’s accounting records, as of December 31, 2016, KRW 1,249,305,830 is included in the provisional payment for the Deceased.
Defendant B reported the inheritance limited approval on August 9, 2017, and was tried to accept it by Suwon District Court Decision 2017 Madan515.
Defendant C reported the inheritance limited approval on August 8, 2017, and was tried to accept it by Suwon District Court Decision 2017 Madan2074.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul's whole purport of pleading
2. The assertion and judgment
A. As of December 31, 2016, the Plaintiff paid the provisional payment of KRW 1,249,30,830 to the Deceased. As of December 31, 2016, the Plaintiff has the claim for provisional payment or loan to the Deceased. However, as the Defendants inherited the deceased’s obligation, Defendant B shall pay to the Plaintiff KRW 749,583,498, and Defendant C shall pay to the Plaintiff KRW 499,722,332, and delay damages therefor. Of the above KRW 1,249,30,30, the Plaintiff paid KRW 189,101, and KRW 65,500,000 paid from the deceased’s account in the name of a third party from among KRW 1,249,305,830, and KRW 184,889,101, and KRW 65,000,000,000 to the deceased’s account, Defendant B shall be entitled to selective compensation for the deceased’s’s embezzlement.