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(영문) 서울중앙지방법원 2019.09.26 2019가단5012773
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 20,976,279 and KRW 20,803,894 among them:

B. Defendant B and C shall each be 13,984.

Reasons

1. Comprehensively taking account of the entire purport of the pleadings as to the statements in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1, the Defendants may be recognized as having received an adjudication on the acceptance of the inheritance limited recognition by the Suwon District Court as of February 21, 2019, Ansan District Court Decision 2019Mo1005 on February 21, 2019.

2. According to the above facts finding as to the cause of the claim, Defendant A, as the heir of the network D, has the obligation to pay to the Plaintiff 20,976,279 won and KRW 20,803,894 among them, according to the respective inheritance shares, and Defendant B and C, as to KRW 13,984,184 won, and KRW 13,869,262 among them, respectively, from December 14, 2018 until August 26, 2019, the delivery date of a copy of the application for modification of the purport of the claim and cause of the claim of this case, and KRW 12% per annum from the next day to the date of complete payment, and KRW 13,869,262 shall be paid within the scope of property.

The Defendants asserted that Defendant B was unable to comply with the claim of this case since Defendant B filed an application for bankruptcy of inherited property in respect of the deceased D’s inherited property. As such, this part of the Defendants’ assertion is without merit, since the bankruptcy petition alone does not constitute a ground for refusing to perform the obligation.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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