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1. The judgment of the court of first instance is modified as follows.
Defendant A shall be within the scope of the property inherited from the network E.
Reasons
1. Facts of recognition;
A. On December 26, 2006, a lawsuit was filed to seek loans from E by an excellent mutual savings bank.
(No. 206. On May 29, 2007, the above court rendered a ruling that "E shall pay to the Plaintiff 1,081,796 won and 700,000 won with 36% interest per annum from December 21, 2006 to the day of full payment." The above ruling became final and conclusive on June 26, 2007.
B. At the time of the death of April 14, 2007, E was the Defendants as the deceased’s inheritor. Defendant B, C, and D reported the renunciation of inheritance on May 16, 2007 by Jeju District Court 2007Ra212, and the said report was accepted on May 29, 2007. Defendant A reported the qualified acceptance as the Jeju District Court 2007Ra213 on May 16, 2007, and the said report was accepted on June 13, 2007.
C. On April 16, 2010, an outstanding mutual savings bank was declared bankrupt by the court and the Plaintiff was appointed as a trustee in bankruptcy.
As of April 5, 2017, the loan principal is KRW 700,00, and damages for delay are KRW 2,974,979, in total, KRW 3,674,979.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. According to the above facts of determination, Defendant A, a sole heir of the network E, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 36% per annum from April 6, 2017 to the date of full payment for KRW 1,224,92 and KRW 233,33 of the borrowed money claimed by the Plaintiff within the scope of the property inherited from the network E.
3. The plaintiff's claim against the defendant A is accepted within the extent of the above recognition, and the remaining claim against the defendant A and the claim against the defendant B, C, and D shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the plaintiff's appeal against the defendant is accepted and the judgment of the court of first instance is modified as above.