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1. The Plaintiff:
A. As to KRW 23,119,032 and KRW 12,69,316 among them:
B. Defendant B and C shall each be 15,412.
Reasons
1. Facts of recognition;
A. On October 27, 2006, the Daejeon District Court 2006Kadan46527 filed a lawsuit against D to claim the acquisition amount. On October 27, 2006, the above court sentenced the judgment that "the defendant shall pay to the plaintiff 53,94,409 won and 29,631,739 won with interest of 20% per annum from October 5, 2006 to the date of full payment," and the above judgment became final and conclusive around that time.
B. A limited liability company specialized in friendly securitization transferred the instant claim to the Promotion Savings Bank Co., Ltd., and notified D of the assignment of the said claim.
C. The Promotion Savings Bank Co., Ltd. was declared bankrupt on May 20, 2013 in Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as the bankruptcy trustee.
D died on December 26, 2008, and accordingly, Defendant A, his spouse, was jointly inherited according to the ratio of 3/7 shares, 2/7 shares, respectively.
[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]
2. Determination
A. According to the above facts, Defendant A is obligated to pay to the Plaintiff the acquisition amount; Defendant A is obligated to pay 23,19,032 won (53,94,409 won x 3/7) and 12,69,316 won among them (29,631,739 won x 3/7); Defendant B and C are obligated to pay damages for delay calculated at the rate of 20% per annum from October 5, 2006 to the date of complete payment, respectively. Defendant B and C are obligated to pay damages for delay calculated at the rate of 15,412,68 won (53,94,409 won x 2/7) and 8,466,211 won (29,631,739 won x 2/7) among them.
B. Defendant B asserted to the effect that he filed a petition for adjudication on the limited acceptance of inheritance with the Daejeon Family Court 2017Ra139, but according to the evidence No. 4, the above case on the qualified acceptance of inheritance was dismissed on June 26, 2017, and the above decision can be recognized as having become final and conclusive at that time. Thus, Defendant B’s above assertion is without merit.
3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.