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1. Within the scope of the property inherited from the network D, to the Plaintiff:
(a) Defendant B shall be KRW 15,000,000 and this shall apply.
Reasons
1. Facts of recognition;
A. On August 3, 2005, the Plaintiff filed a lawsuit claiming a loan against D and B as Seoul Northern District Court 2005Kadan37878, and on March 28, 2006, the Plaintiff paid to the Plaintiff KRW 25,000,000 by December 31, 2006. If D fails to pay the above amount by the payment date, the Plaintiff shall pay the unpaid amount by adding a delay interest rate of 20% per annum from the date following the date of payment to the date of full payment. 2. The Plaintiff’s remaining claims against D and the claim against B were waived.”
B. After May 25, 2012, D died on or around May 25, 2012. Defendant B, his spouse, and Defendant C inherited the Deceased at the ratio of 3/5 shares, her mother, 2/5 shares. On November 3, 2016, Defendant B was tried to accept a report on qualified acceptance as the Seoul Family Court 2016Ra5196, and Defendant C was tried to accept the report on qualified acceptance as the Seoul Family Court 2016Ra7561, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Gap evidence 2-1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, the defendants succeeded to the obligations based on the decision of recommending reconciliation in the previous lawsuit filed by the plaintiff against the deceased D, but the subsequent decision was rendered to accept the report of qualified acceptance, so the defendants' inheritance obligations are limited to inherited property.
Therefore, within the scope of the property inherited from the network D, Defendant B shall be 20% per annum from January 1, 2007 to May 27, 2016 (the delivery date of the copy of the complaint of this case) and damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment, Defendant C shall be 10,000,000 won (25,000,000 x 2/5) and its therefrom from January 1, 2007 to May 31, 2016 (the delivery date of the copy of the complaint of this case), and the damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment, and 20% per annum from the next day to the day of complete payment.