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1. The Plaintiff:
A. Defendant B shall pay KRW 60,000,000 as well as 20% per annum from September 5, 2014 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On July 26, 2012, the Plaintiff lent KRW 100 million to D, and the due date was set on July 26, 2014.
B. D died on January 19, 2013. Defendant B is the spouse of the deceased D (hereinafter “the deceased”) and Defendant C is the lineal descendant of the deceased, and the Defendants are co-inheritors of the deceased.
[Reasons for Recognition: Descriptions in Evidence A Nos. 1 and 2]
2. The parties' assertion and judgment
A. According to the above facts of recognition, the Defendants are obligated to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 5, 2014 to the day of full payment, which is the day following the day when the judgment was rendered by the Plaintiff, for each of the above amounts (i.e., KRW 10 million x KRW 3/5 x 40 million x 2/5) and each of the above amounts, in accordance with their shares of inheritance as the deceased’s heir, barring any special circumstances.
B. The Defendants asserted to the effect that the Defendants’ responsibility should be limited to the inherited property within the scope of inherited property because they were qualified acceptance. Accordingly, according to the evidence No. 1, the Defendants filed a report on inheritance limited approval with the Jung-gu District Court on April 12, 2013, and on May 9, 2013, the said court accepted the Defendants’ qualified acceptance report.
However, in full view of the results of this court's fact-finding and the overall purport of the arguments against the Korean C&T Bank and the Nonghyup Federation, Defendant B spent the money deposited by the deceased's debtor in his bank account under his name after the deceased's death; in the process of disposing of the deceased's relics, even if there were documents related to claims in the process of disposing of the deceased's relics, it can be recognized that the report of qualified acceptance was stated as "affirmative property uncertainty" in the list, and that part of the claims related documents were delivered to the deceased's mother members so that they can recover their claims.