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1. The Plaintiff:
A. Defendant B is entitled to KRW 100,000,000 within the scope of the property inherited from the network D and its related thereto.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit claiming the agreed amount as Seoul Northern District Court 2007Gahap3319 (hereinafter “previous lawsuit”) against D, on the ground that D agreed to pay KRW 200 million to the Plaintiff’s wife E to the Plaintiff.
B. On October 31, 2007, the above court rendered a judgment that "D shall pay to the Plaintiff the amount of KRW 200 million and the damages for delay calculated at the rate of 20% per annum from October 5, 2007 to the date of full payment (hereinafter "the damages for delay")," and the above judgment became final and conclusive around that time.
C. D (hereinafter “the deceased”) died on April 24, 2017, and accordingly, the Defendants, who are the deceased’s children, succeeded to the property.
【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the Defendants, the deceased’s inheritors, are obligated to pay KRW 100 million each equivalent to their inheritance shares and delay damages to the Plaintiff seeking the interruption of extinctive prescription of judgment claim, except in extenuating circumstances.
B. Determination 1 on the defendants' defenses 1) The defendants asserted that the scope of liability for the judgment debt should be limited to the scope of the inherited property from the deceased, since they reported a special approval pursuant to Article 1019(3) of the Civil Act. 2) The relevant legal principles provide that "a heir may grant simple acceptance, qualified acceptance or renunciation within three months from the date on which he/she became aware of the commencement of the inheritance," and Article 1019(1) of the Civil Act provides that "a heir may give a simple acceptance, qualified acceptance or renunciation within the period of three months from the date on which he/she became aware of the commencement of the inheritance," and Article 1019(3) of the same Act provides that "a heir, notwithstanding the provisions of paragraph (1), without knowledge of the fact that his/her inherited property exceeds his/her inherited property, without any gross negligence,