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1. The Plaintiff, Defendant E, within the scope of the property inherited from the network F, Defendant C, and D.
Reasons
1. Determination on the cause of the claim
A. (1) On January 17, 2006, the Plaintiff was sentenced to the Seoul Northern District Court (2005da487555) that “Defendant E and F shall jointly and severally pay to the Plaintiff 30,000,000 won and the interest rate of 36% per annum from August 6, 1999 to the day of full payment,” and the above judgment was finalized on March 14, 2006.
(2) On October 31, 2012, F succeeded to F by Defendant E, Defendant C, and D.
[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings
B. According to the above facts of recognition, barring any special circumstance, Defendant C and D, jointly and severally with Defendant E, are liable to pay damages for delay calculated at the rate of 36% per annum from August 6, 1999 to the day of full payment with respect to each of the above amounts (i.e., KRW 30,000,000 x 2/7) and each of the above amounts (i.e., KRW 36% per annum from August 6, 1999 to the day of full payment).
2. According to the reasoning of Defendant C and D’s assertion No. 2, the above Defendants, upon filing a report on qualified acceptance, may recognize the fact that the report on qualified acceptance inherited from the Seoul Family Court (2015-Ma31558) on April 4, 2016, is accepted. As such, Defendant C and D are liable to pay back the netF’s obligations to the Plaintiff within the scope of the property inherited from the networkF.
3. According to the conclusion, Defendant E is jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 36% per annum from August 6, 1999 to the day of full payment with respect to each of the above amounts of KRW 8,571,428 and each of the above amounts, within the scope of the property inherited from the network F.
Therefore, the plaintiff's claim against the defendant E is justified, and the plaintiff's claim against the remaining defendants is accepted within the scope of the above recognition. The remaining claims are dismissed as they are without merit. It is so decided as per Disposition.