1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1 and Eul evidence 1, taking into account the whole purport of the pleadings:

The Plaintiff is a juristic person established for the purpose of manufacturing and selling medicines, etc., and the network D (hereinafter “the network”) was supplied by the Plaintiff until May 2015, as a person who operated a pharmacy (hereinafter “instant pharmacy”) with the trade name “F” in Syang-si.

B. The Deceased died on November 18, 2015, and the Defendants are children of the Deceased.

2. The parties' assertion

A. The Plaintiff asserts that the amount of goods not paid until May 2015 to the Deceased was KRW 6,367,179, which had not been supplied with the drugs to the Deceased, and sought payment from the Defendants according to their respective shares in inheritance (=6,367,179 won x 1/3) and damages for delay.

B. Although the Defendants do not specifically dispute that the deceased bears the obligation to pay the price for the goods to the Plaintiff, they claim that they do not have any obligation to pay the price for the goods to the Plaintiff as they already renounced the inheritance of the deceased’s property.

C. As to this, the Plaintiff asserts that there exists no legal simple approval under Article 1026 of the Civil Act, such as disposing of the goods in the instant pharmacy after the death of the deceased, and giving up the return of the lease deposit to the lessor of the said pharmacy, and accepting the voluntary disposal of goods within the pharmacy, and thus, the waiver of inheritance is void.

3. Determination

A. According to the evidence No. 1, the Defendants and Defendant A’s G filed a declaration of renunciation of inheritance with the Daegu Family Court on January 22, 2016, and the said court filed a declaration of renunciation of inheritance with the Daegu Family Court on March 18, 2016, and accepted the said declaration on March 18, 2016.

B. Pleadings are made in each entry of Gap evidence Nos. 3 and Eul evidence Nos. 6 regarding the legal fiction of simple approval.