손해배상(기)
1. Within the scope of the property inherited from the deceased H, Defendant B shall be limited to KRW 12,230,769, Defendant C, D, E, F, and G.
1. Facts of recognition;
A. Status 1 of the parties is 1) Net H (Death on July 23, 2014, hereinafter “the deceased”).
B centered on B, Defendant B is a child in wife, Defendant C, D, E, F, and G. (2) The inheritance share in the deceased’s inherited property is 3/13, Defendant C, D, E, F, and G are 2/13, respectively.
B. On January 2013, the Deceased’s unlawful act deceivings the Plaintiff that he would find the Plaintiff’s children in the Mayang Steel Complex and would be employed in the Manyang Steel Complex, and received KRW 50,000,000 in total from the Plaintiff on February 19, 2013, and KRW 53,000,000 in total from May 2, 2013, and KRW 53,000 in the account of the Deceased.
C. The Plaintiff filed a lawsuit against the Deceased on July 28, 2014, which was after the Deceased’s death. As such, Defendant B did not submit a reply, etc. on August 20, 2014 upon receipt of the complaint of the instant case. On October 2, 2014, the Plaintiff rendered a judgment to the effect that “the Deceased shall pay to the Plaintiff KRW 53,00,000 and delay damages therefrom,” and the said judgment became final and conclusive on December 9, 2014.
(Seoul District Court Jinwon Branch 2014Kadan8826, hereinafter referred to as "transfer lawsuit") d.
Defendant D, who approved the inheritance of the Defendants, served the instant complaint on March 21, 2015. Accordingly, the Defendants filed a report on the inheritance limited recognition with the Gwangju District Court 2015-Madan384, and the said support accepted the Defendants’ report on June 8, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, evidence 6-1 through 7, 7, 8, Eul evidence 1 and 2, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants, the deceased’s heir, are obligated to pay damages and delay damages to the Plaintiff according to their respective inheritance shares. The specific amount of the above damages is as follows: Defendant B, 12,230,769 won (53,00,000 x 3/13 x 3/13 as sought by the Plaintiff). Defendant C, and D.