대위변제금
1. To the extent of the property inherited from the network D, the Plaintiff:
(a) Defendant A: 11,622,858;
B. Defendant B.
1. Facts of recognition;
A. On February 2016, the Plaintiff subcontracted the soundproof wall construction in the E section to Nonparty Do-based Non-Party D.
B. On May 16, 2016, the Plaintiff paid KRW 49,50,00 to the network D as labor cost and equipment. On May 24, 2016, the Plaintiff committed suicide on the basis of the network D’s demand from workers for the direct payment of labor cost and equipment costs, and thereafter, the Plaintiff: (i) KRW 27,120,00 for the labor cost and equipment cost to the human parts, etc. employed by the network D; (ii) KRW 27,90,00 for the labor cost and equipment cost of the H company; (iii) KRW 4,680,00 for the H company; (iv) KRW 680,00 for the labor cost of the H company; (iv) KRW 90,00 for the KF company; (v) KRW 900,00 for the labor cost of the H company; (v) KRW 900,00 for the H company’s labor cost of the H company; (iv) KRW 800,000 for the labor cost of the H company.
C. Defendant A’s spouse, Defendant B, and C are children of the network C, and the network D’s co-inheritors.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the deceased D is obligated to pay the Plaintiff the amount of KRW 27,120,000 by subrogation, and the Defendants, as the deceased D’s inheritors, inherited the Plaintiff’s obligation to the Plaintiff by 2/7, Defendant B, and C, respectively.
Therefore, barring any special circumstance, Defendant A is obligated to pay to the Plaintiff KRW 11,622,858 (=27,120,000 x 3/7), Defendant B, and C, respectively (=27,120,000 x 2/7) and damages for delay.
3. On the other hand, according to each of the evidence Nos. 1 and 2, the defendants' defense that they had qualified acceptance of the deceased's debt, and according to the judgment of the Daejeon Family Court No. 2016-Ba956, the defendants filed a report of inheritance limited acceptance of the deceased's debt to the Daejeon Family Court.