구상금
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the deceased purchased a vehicle from Hyundai Motor Vehicle Services Co., Ltd. (hereinafter "Modern Motor") on or around November 5, 1994. On or around December 5, 1994, the Plaintiff entered into a guarantee insurance agreement with the Plaintiff on the ground of Hyundai Motor Co., Ltd with the purchase price of the vehicle as KRW 6.6 million on or around December 5, 1994. Since the network D did not pay the above installment payment, the Plaintiff paid the insurance money to Hyundai Motor on March 29, 196; the network D died on September 25, 2016; the Defendants were the children of the deceased; the Plaintiff’s claim against the principal, KRW 3757,126,165,268,196, 196, 1605, 196, 208.
According to the above facts of recognition, the Defendants, who succeeded to the network D, which is the obligor of the above indemnity claim against the Plaintiff, are jointly and severally liable with the above C, and are obligated to pay damages for delay at the rate of 12% per annum from October 14, 2017 to the date of full payment with respect to KRW 9,982,840 (=19,965,680/2) of the above indemnity claim and KRW 1,878,563 (=3,757,126/2) of the principal amount (=3,757,126/2).
2. The Defendants’ defenses by the Defendant asserted that they did not have the obligation to pay the above indemnity amount to the Plaintiff since they renounced their inheritance of the network D, and thus, in full view of the overall purport of the pleadings in the entries in the evidence No. 1, the Defendants filed a report of renunciation of inheritance with the Jeju District Court 2016Ra875 on November 9, 2016 and received a judgment to accept the said report on December 21, 2016. Accordingly, the Defendants cannot seek reimbursement of the said indemnity amount against the Defendants any further following the Defendants’ renunciation of inheritance.