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1. The Defendants are jointly and severally liable to the Plaintiff, but Defendant D is within the scope of the property inherited from the network E, and on 126.
Reasons
1. Facts of recognition;
A. The Plaintiff (former trade name: FF; hereinafter “Plaintiff”) is a company that manufactures and sells direct salt, chemical products, etc., and Defendant B (hereinafter “Defendant B”) is a company that engages in salt charge wholesale export and import business. Defendant D is a child of Defendant B’s representative director E (hereinafter “the network”).
B. The Plaintiff supplied goods, such as salt rates, to Defendant B by August 2017, but did not receive the total amount of KRW 126,019,142, and the Deceased jointly and severally guaranteed the Defendant B’s obligation to pay for the goods on January 5, 2017.
C. Following the deceased’s death on March 14, 2018, Defendant D, his child, succeeded to the deceased’s property. On May 9, 2018, Defendant D filed a qualified acceptance report with the Busan Family Court Decision 2018Ra1570, May 14, 2018, and received a judgment of acceptance of the qualified acceptance on May 14, 2018 from the said court.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, Defendant B is the principal debtor, and Defendant D is jointly and severally liable to pay the price of the above goods to the Plaintiff as the heir of the Deceased, a joint and several surety, and damages for delay, unless there are special circumstances.
B. Defendant D’s assertion as to Defendant D’s assertion is asserting that Defendant D gave an inheritance-limited approval. Defendant D reported an inheritance-limited approval on the deceased’s inheritance of the deceased’s property, and the fact that Defendant D received an adjudication on the acceptance of the report is as seen earlier. As such, the scope of Defendant D’s liability is limited to the property inherited from the deceased.
Defendant D’s above assertion is with merit.
C. Accordingly, the Defendants are jointly and severally liable to the Plaintiff. However, Defendant D is within the scope of the property inherited from the Deceased, and the amount of KRW 126,019,142 for the goods and the said amount after the date of delivery of the goods, as sought by the Plaintiff, from September 1, 2017 to the instant complaint.