beta
Text
1. Upon the claim changed in the trial, the Plaintiff is within the scope of the property inherited from the networkF.
Reasons
1. Facts of recognition;
A. The Busan Savings Bank filed a lawsuit against F on January 31, 2005 against the Jeonju District Court 2005da9155, and on March 4, 2005, the above court rendered a decision of performance recommendation with the purport that "F shall pay to Busan Savings Bank 2,371,266 won and money calculated at the rate of 20% per annum from the day following the delivery of the notice of performance recommendation to the day of complete payment." This decision was finalized on March 22, 2005 as it became final and conclusive on March 22, 2005 because F did not raise any objection.
B. The Busan Savings Bank was declared bankrupt on August 1, 2012, and the Plaintiff was appointed as the bankruptcy trustee.
C. Meanwhile, the F died on September 24, 2009. Defendant A and the remaining Defendants, the wife, inherited the networkF’s obligations by inheritance shares, but filed a petition for an adjudication on inheritance limited recognition with the Jeonju District Court Decision 2009Hu877, and received the adjudication on May 14, 2010 to accept the qualified acceptance.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff 646,708 won (=2,371,266 won x 3/11), the remaining Defendants B, C, D, and E 431,139 won (=2,371,266 won x 2/11), and each of them is liable to pay 20% interest per annum from March 8, 2005 to the day of full payment, which is the day following the delivery of the written decision on performance recommendation.
3. As such, the plaintiff's claim that was changed in the trial to claim payment of the above money against the defendants within the scope of inheritance limited acceptance is justified, and the judgment of the court of first instance shall be modified upon the claim that was changed in the trial, and it is so decided as per Disposition.