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(영문) 광주지방법원해남지원 2019.01.08 2018가단2322
상속채무금
Text

1. The Defendant: (a) to the extent of the property inherited from the deceased C by the deceased C, KRW 184,49,99,98; and (b) to the Plaintiff, on January 2018.

Reasons

1. Facts of recognition;

A. From 2014 to 2017, the Plaintiff sold to C a total of KRW 41.5 million as indicated in the following table.

Although it is apparent that in the case of the purchase price of the goods sold in 2014, it is 5,404,00 won (i.e., 193,00 won x 280 won) for calculation, the Plaintiff claims only 54 million won, and accordingly, it is required to comply with this.

B. C repaid the total of KRW 217 billion out of the above payments.

C. C died on July 16, 2018. D.

The defendant is the spouse of C, and D and E are the children born between C and the defendant.

E. On October 8, 2018, D and E filed a declaration of renunciation of inheritance with the Gwangju Family Court Support 2018 D and E, which was accepted on October 15, 2018.

F. On October 8, 2018, the Defendant filed a report on the inheritance limited approval with the Gwangju Family Court’s 2018-Madan209, and the said report was accepted on October 16, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the application for modification of the purport of the claim of this case sought by the plaintiff to the deceased C, among the remaining goods cost of KRW 184.5 million against the plaintiff of the deceased C within the scope of the property inherited from the deceased C (=41.5 million won - 217.0 million won), and after the plaintiff supplied the deceased C with the copy of the original copy of the original copy of the claim of this case.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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