양수금
1. The appeal by the defendant (appointed party), the appointed party C, and D is dismissed.
2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.
1. In the first instance court, the Plaintiff filed a claim for the amount of acquisition and the claim for return of unjust enrichment, and the first instance court accepted all the Plaintiff’s claim.
Accordingly, the defendant (appointed party), the appointed party C, and D filed an appeal only for the portion of the claim for the transfer money.
Therefore, it is judged that only the part of the claim for the transfer money is subject to the judgment of this court.
2. There is no dispute between the parties to the determination of the cause of the claim, or according to the purport of Gap evidence Nos. 1, 3, and 5 and all pleadings, the following facts are recognized:
① The Plaintiff, the Defendant (Appointed Party), C, and D (hereinafter “Defendants”) are children of the deceased deceased E (hereinafter “the deceased”) on December 29, 2012.
The Plaintiff and the Defendants inherited the Deceased at the ratio of 1/4 shares.
② G had a loan claim of KRW 50 million against the Deceased (hereinafter “instant loan claim”). At the time of the Deceased’s death, G had a principal claim of KRW 35 million out of the instant loan claim.
③ After receiving reimbursement of KRW 44,250,000 from the Plaintiff, G transferred the instant loan claims KRW 4,4250,000 to the Plaintiff on June 13, 2017, and the same year.
8. Around 10.10. The notice of assignment of claims was sent to the Defendants by content-certified mail.
According to the above facts, the Defendants are obligated to pay damages for delay at the rate of 11,062,50 won (=44,250,000 won x 1/4) corresponding to the Defendants’ share in the loans of this case among the loan claims of this case and 15% per annum from October 19, 2017, the following day after the complaint of this case was served on the Appoint C, and the Defendant (Appointed Party) and the Appointed D are obligated to pay damages for delay at the rate of 15% per annum from October 20, 2017 to the day of full payment, which is the next day after the complaint of this case was served on the Defendant (Appointed Party) and the Appoint D.
3. The plaintiff's claim should be accepted on the ground of its reasoning.