상속채무금
1.The judgment of the first instance shall be modified as follows:
The scope of the property inherited from the network E shall be the Plaintiff.
1. Facts of recognition;
A. As of May 16, 2014, the Plaintiff has a claim for the amount of KRW 4,105,994 against the network E.
B. As of May 16, 2014, the Plaintiff owned a claim for the purchase price of KRW 32,026,421 against G Co., Ltd. (hereinafter “G”), and the network E jointly and severally guaranteed the obligation for the purchase price of goods to G.
C. On June 5, 2014, the Plaintiff received dividends of KRW 2,475,655 based on the judgment of the provisional execution judgment of the first instance court, from 28,329,739, existing goods payment claim of KRW 36,132,415, - The amount of KRW 5,327,021, - The amount of dividends of KRW 2,475,655, based on the judgment of the provisional execution judgment of the first instance court.
The network E died on January 12, 2013, and the Defendant and the designated parties, who are the spouse, inherited the obligations of the network E, but was ruled on May 15, 2013 by applying for a qualified acceptance on May 15, 2013, by applying for a qualified acceptance as the net support of the Gwangju Family Court 2013-Ma290.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 2, 3 and 5 (including provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, within the scope of property inherited from the network E, the defendant is obligated to pay to the plaintiff KRW 3,344,004 [==7,102,676 won jointly and severally liable for 32,026,421 won - dividend amount of KRW 28,329,739] x inheritance share 3/7] 2,229,36 won [=7,229,676 won jointly and severally liable for 4,105,94 won and jointly liable for the amount of 42,026,421 won - dividend amount of KRW 28,330,739] and each of them calculated at the rate of 20% from the day following the delivery of a copy of the complaint of this case to the day of full payment, etc. < Amended by Act No. 13273, Jan. 7, 2015>
B. The defendant's assertion that the plaintiff was entitled to additional dividends of KRW 2,475,655 based on the judgment of the court of first instance, and thus, the above 2,475.