구상금등
1. The Plaintiff:
A. Defendant A shall have full payment of KRW 84,164,869 and KRW 61,55,103 among them from February 1, 2006.
1. Facts of recognition;
A. On February 13, 2006, the Plaintiff applied for a payment order against Defendant A and the network E, and received a payment order with the purport that “Defendant A and E shall jointly and severally pay to the Plaintiff 84,164,869 won and 61,55,103 won per annum from February 1, 2006 to the date of full payment.” The above payment order became final and conclusive on March 4, 2006, with the purport that “The Plaintiff shall pay to the Plaintiff 15% interest per annum from February 1, 2006 to the date of full payment.”
B. On January 3, 2015, E died, and there was Defendant B, C, and D, a spouse, as the inheritor.
C. On February 5, 2016, the Plaintiff applied for a payment order against Defendant A and E for the extension of the prescription of the claim based on the previous payment order, but corrected the E’s indication with Defendant B, C, and D, the co-inheritors.
Defendant B, C, and D, on August 22, 2016, filed a report on the inheritance limited acceptance with the Daejeon Family Court’s branch court of the Daejeon Family Court as the Daejeon Family Court’s 2016-Ma721, and received the said court’s ruling accepting the report on the qualified acceptance on September 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant A is obligated to pay to the Plaintiff the above 84,164,869 won and 61,55,103 won among them at the rate of 15% per annum from February 1, 2006 to the date of complete payment. Defendant B, C, and D, who are co-inheritors of E, are obligated to pay the Plaintiff 18,703,304 won and 13,678,91 won of each share of inheritance within the scope of inherited property from E, with 15% per annum from February 1, 2006 to the date of full payment.
3. Thus, the plaintiff's claim against the defendants shall be accepted with merit, and it is so decided as per Disposition.