구상금
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant is from the deceased B.
1. Facts of recognition;
A. On December 19, 2003, the Plaintiff filed a lawsuit against Suwon District Court and Dong Dong B seeking reimbursement of KRW 1,441,000 for reimbursement and its delay damages. On December 29, 2003, the said court rendered a decision of performance recommendation with the content that “C and Dong B shall jointly and severally pay to the Plaintiff KRW 1,441,00,000 for each year from February 19, 2002 to January 7, 2004, and 20% for each year from the next day to the date of full payment,” and the said decision of performance recommendation was finalized as is.
B. On January 24, 2014, the Plaintiff filed the instant lawsuit against C and the deceased B with a view to extending the extinctive prescription period of the claim based on the final and conclusive performance recommendation decision.
C. Meanwhile, B died on December 21, 201, which was prior to the filing of the instant lawsuit, and the Defendant was the only inheritor of the deceased B, and was inherited to the Suwon District Court Decision 2016Ra736, Oct. 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 to 3, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant, who is the sole heir of the deceased B, is jointly and severally liable to pay to the plaintiff KRW 1,441,00 within the scope of inherited property from the deceased B, 5% per annum from February 19, 2002 to January 7, 2004, and 20% per annum from the next day to the date of complete payment.
3. In conclusion, the plaintiff's claim against the defendant against the defendant is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the judgment of the court of first instance is partially unfair, the defendant's appeal is partially accepted and the judgment of the court of first instance is modified, and it is so decided as per Disposition.