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1. Within the scope of the property inherited from the net F, to the Plaintiff:
A. Defendant B shall be KRW 50,000,000 and this shall apply.
Reasons
1. The Plaintiff’s judgment as to the cause of the claim did not receive KRW 150,00,000 from the deceased F, and filed a claim for a loan with this court around 2005Gahap1100. The court held on June 15, 2005 that “The deceased F shall pay to the Plaintiff the amount of KRW 150,000,000 and the amount calculated at the rate of 13.33% per annum from August 29, 2002 to April 13, 2005, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time, the deceased F shall be the inheritor, Defendant C, D, and E, who is the spouse of the Defendant B, Defendant D, and the deceased Party, and shall be recognized as the entire pleadings without any dispute between the parties concerned or with the entire purport of subparagraph 1.
According to the above facts, Defendant B is obligated to pay to the Plaintiff KRW 50,000,00 (i.e., KRW 150,000,000 x 3/9) Defendant C, D, and E to KRW 33,333,333 (i.e., KRW 150,000,000 x less than KRW 2/9, and losses for delay) and each of them.
2. The Defendants’ defenses defenses to the effect that the inheritance limited recognition report was accepted. Thus, according to the evidence No. 1, the Defendants filed a report on the inheritance limited recognition as to March 30, 2015 with Suwon District Court 2015Ra694, and the Defendants accepted the said report on June 30, 2015. Thus, the aforementioned defenses by the Defendants are well-grounded.
3. Accordingly, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 50,00,00 and the amount of KRW 50,000 as borrowed money from the network F to April 13, 2005 at the rate of 13.33% per annum from August 29, 2002 to April 13, 2005, and the amount of delay damages calculated at the rate of 20% per annum from the next day to the date of full payment. ② Defendant C, D, and E are obligated to pay the amount of KRW 33,33,333 as borrowed money and its amount from August 29, 202 to April 13, 2005, and the amount of delay damages calculated at the rate of 20% per annum from the next day to the date of full payment. Thus, the Plaintiff is obligated to pay damages for delay.