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1. The Plaintiff:
A. As to Defendant B’s KRW 75,299,836 and KRW 73,243,01 among them, Defendant B shall be from October 15, 2012 to February 6, 2015.
Reasons
1. Determination as to the cause of claim
A. The facts stated in the reasons for the claim in the attached Form of the facts of recognition do not conflict between the parties, or may be acknowledged in each entry in Gap evidence Nos. 1 through 5 by considering the whole purport of the pleadings.
B. The judgment of Defendant B is liable to the Plaintiff to pay the remainder of KRW 75,29,836 (100,39,782 Won 100,39,782 = 34,714,344 x 3/4 of delay damages from October 14, 2012 to October 14, 2012 x 73,243,011 (97,657,348 Won 97,657,348 x 62,943,714,714,348 x 348 x 343/444) to the Plaintiff for delay damages from the payment date of the remainder of the sale price to October 15, 2012, as the Plaintiff seeks from the payment date of the remainder of KRW 62,943,714,348 x 348 x 3/44) under the Civil Act as to delay damages from the date of this case.
As the Plaintiff seeks with respect to KRW 25,099,945 ( KRW 100,39,782 x 1/4) and KRW 24,414,337 ( KRW 97,657,348 x 1/4), Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from October 15, 2012 until January 6, 2015, the delivery date of the copy of the instant complaint, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to Defendant C’s assertion
A. Defendant C’s assertion that he was entitled to qualified acceptance on the inheritance of the deceased D (hereinafter “the deceased”), and thus, Defendant C is responsible for the performance of the deceased’s obligation only within the scope of the property inherited from the deceased.
B. Determination 1 Deceased died on March 30, 2012, and thereafter, Defendant B, his wife, E, F, and G, the inheritor. However, on May 30, 2012, Defendant C, his father, who was his father, was co-inheritors with Defendant B, and Defendant C was co-inheritors. Defendant C’s successor, the successor of the successor, was as of March 23, 2015, together with H, I, J, K, L, etc.