약정금반환
1. The Defendants are either KRW 25,000,000 within the scope of the property inherited from the network D to the Plaintiff, as well as KRW 25,000.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, Eul evidence No. 1, and Eul evidence No. 1, D, in relation to Eul Co., Ltd. jointly operated with the plaintiff, incurred a total of KRW 55,790,000 to the plaintiff, and D, in relation to the plaintiff, agreed to pay KRW 50,00,000 to the plaintiff out of the damages, and Eul died on February 27, 2014, and the heir was the plaintiff, and the plaintiff was the heir. The defendants were subject to the inheritance limited approval judgment on October 26, 2016.
According to the above facts, the defendants who inherited D's above obligation to return the agreed amount to D's plaintiff shall be liable to pay to D's 25,000,000 won each according to their inheritance shares within the scope of the property inherited from D and damages for delay calculated at the rate of 15% per annum from March 3, 2016 to the date of full payment, which is the day following the day of service of the written statement corresponding to the complaint of this case, as requested by the plaintiff.
Meanwhile, the Plaintiff jointly and severally sought payment of KRW 50 million to the Defendants. However, the Defendants inherited the obligation to pay KRW 50 million in the above agreed amount at the ratio of each 1/2 shares, which is one’s share of inheritance. Therefore, the above agreed amount to be borne by the Defendants to the Plaintiff is limited to KRW 25,00,000,000, respectively.
Therefore, the Plaintiff’s assertion regarding the part exceeding the above scope is without merit.
Therefore, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claim is dismissed as there is no ground.