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1. Within the scope of the Plaintiff’s property inherited from the network E, Defendant B’s 25,714,285 won, Defendant C, and D respectively.
Reasons
1. Facts of recognition;
A. On October 5, 2018, the Plaintiff loaned KRW 60,000,00 to E with the public performance diskettes purchase fund of F Co., Ltd., the representative director of E, as of October 5, 2019. The Plaintiff agreed to repay the principal and interest even before the due date.
B. On May 24, 2019, E deceased on May 24, 2019 (hereinafter “the deceased”), Defendant B, his spouse, and Defendant C and D inherited the deceased’s property in 2/7 shares, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants, the inheritor of the deceased, are obligated to pay to the Plaintiff the Plaintiff the loans amounting to KRW 25,714,285 (i.e., loans amounting to KRW 60,00,000 x KRW 3/7, and less than KRW 3/7; hereinafter the same shall apply), Defendant C and D each KRW 17,142,857 (i.e., loans amounting to KRW 60,00,000 x 2/7) and damages for delay on each of the said money.
B. The Defendants asserted to the effect that they have the obligation to repay within the scope of the inherited property from the deceased. As such, in full view of the purport of the entire pleadings in the statement No. 1, the Defendants were subject to the adjudication of acceptance of the inheritance limited recognition by Seoul Family Court Decision 2019Mo4829 on October 10, 2019. Thus, the Defendants are liable for the performance of the said obligation to the Plaintiff within the scope of the inherited property from the deceased. Accordingly, the Defendants’ assertion is with merit.
C. According to the theory of the lawsuit, the Defendants, within the scope of the property inherited from the deceased, as loans to the Plaintiff, are deemed reasonable to dispute as to the existence or scope of the Defendants’ obligation to perform, from December 24, 2019 to the date following the delivery of a copy of the claim of this case and the application for modification of the cause of the claim as to the money of this case as loans of Defendant B 25,714,285 won, Defendant C and D, each of the above money of KRW 17,142,857, and each of the above money of this case.