대여금
1. Within the scope of the Plaintiff’s property inherited from the network E, Defendant B’s KRW 21,428,571, Defendant C and D respectively.
Comprehensively taking account of the fact that the Plaintiff’s deceased E (hereinafter “the deceased”) died on July 10, 201, KRW 10,000,000 on January 3, 2014, and KRW 20,000 on February 27, 2015, KRW 8,000,000 on March 11, 2015, and KRW 2,000,000 on March 12, 2015, and KRW 50,000,000 on April 6, 2015, and KRW 20,000,000 on April 6, 20, and KRW 200,00 were determined as the maturity date for reimbursement of KRW 20,00,00 on April 6, 2015, the deceased’s respective inheritance shares were determined as KRW 20,000 on July 6, 2016, and were subject to the Plaintiff’s respective acceptance of the deceased’s shares.
According to the above facts, Defendant B is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 12, 2020 to the day following the day when the copy of the complaint of this case was served to the day when the plaintiff was served to complete payment with respect to the amount of KRW 21,428,571 (=50,000 x less than KRW 3/7,000 x less than KRW 3/7,00; hereinafter the same shall apply), Defendant C and D, respectively, and each of the above amounts (i.e., KRW 50,000 x 2/7) and each of the above amounts.
(A) The Plaintiff sought payment of the total amount of KRW 50,00,000 to the Defendants jointly and severally. However, in a case where a monetary obligation is jointly inherited, this is not a joint and several obligation due to its nature, but a division obligation divided and reverted to co-inheritors according to the inheritance shares, and thus, the part of the claim exceeding the amount recognized earlier is not accepted). Therefore, each claim against the Defendants against the Plaintiff is accepted within the scope of the above recognition, and each claim is without merit.