A. The Plaintiff supplied egg processed products to the deceased B (hereinafter “the deceased”). As of December 2, 2016, the Plaintiff was not paid for the total amount of KRW 57,850,980.

B. On September 17, 2017, the Deceased died, and C, D, and the Defendant was his inheritor, but C, C, and D filed a declaration of renunciation of inheritance on November 6, 2017, and the said declaration was accepted on January 9, 2018. On November 6, 2017, the Defendant filed a declaration of renunciation of inheritance with the Daejeon Family Court 2017 D, 10275, and the said declaration was accepted on January 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, the inheritor of the deceased, is obligated to pay to the Plaintiff the amount of KRW 57,850,980 within the scope of inherited property, and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, from January 11, 2018, which is the day following the delivery date of the copy of the complaint in this case, until July 12, 2018, which is the day of this decision, deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to pay to the Plaintiff, as sought by the Plaintiff.

B. The Plaintiff’s assertion argues that, within five days from the date on which the Defendant made a qualified acceptance pursuant to Article 1032 of the Civil Act, the Plaintiff neglected to give public notice to the general creditor and testamentary donee on his/her claim or testamentary gift within a certain period of time, and thus, he/she should compensate the Plaintiff for the damages therefrom pursuant to Article 1038(1) of the Civil Act.

However, Article 1038(1) of the Civil Act neglects the procedure for public notice under Article 1032(1) of the Civil Act, and makes performance to any inheritance obligee or any person who receives a legacy, thereby receiving another inheritance obligee or any person who receives a legacy.