logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.05.25 2016가단13994
물품대금
Text

1. The Defendant: (a) KRW 22,455,355 to the Plaintiff within the scope of the property inherited from the deceased C; and (b) as to the Plaintiff, on January 2016.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) The Plaintiff, who is engaged in the business of manufacturing pelbox boxes with the trade name of “D,” refers to the network C, which is engaged in the business of manufacturing and wholesale synthetic resin (hereinafter “the network”).

(2) Until July 16, 2016, the deceased supplied goods, such as stuffs, to the deceased. The deceased died on August 2, 2016 and succeeded to the deceased’s property by wife F, the Defendant, and G. The deceased’s heir filed a report on the re-approval of succession to the deceased’s property on October 13, 2016, and on November 4, 2016, the above court accepted the report on the re-approval of succession to the deceased’s heir’s inheritance.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

B. 1) According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 22,455,355 (=78,593,745 won x 2/7, and less than won x 2/7) due to the inheritance shares, and damages for delay. 2) The defendant is subject to a qualified acceptance after the death of the deceased, and therefore, the defendant is liable to pay the price of the goods only within the scope of inherited property.

On November 4, 2016, the fact that the Defendant was subject to the adjudication on the recognition of qualification by inheritance under the Cheongju District Court Decision 2016 Madan1018 on November 4, 2016 is as seen earlier. Therefore, the Defendant is liable to pay the Plaintiff a debt within the scope of the property inherited from the Deceased for inheritance.

Therefore, the defendant's defense is justified.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,455,355 within the scope of the property inherited from the Deceased and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 21, 2016 to the day of full payment, as the Plaintiff seeks.

2. Thus, the plaintiff's claim is justified within the scope of the above recognition.

arrow