1. Within the scope of the property inherited from the network B to the Plaintiff, Defendant C shall be KRW 145,800,000, and Defendant D shall be KRW 97,200.

1. Basic facts

A. From March 21, 2014 to March 2, 2016, the Plaintiff loaned a total of KRW 253 million to the network B (hereinafter “the network”).

B. On May 21, 2015, the Deceased repaid KRW 10 million to the Plaintiff, and died on June 21, 2016.

As co-inheritors of the deceased, Defendant C and Defendant D, the wife, are children.

【Fact- without dispute over the ground for recognition】 The entry of Gap evidence 1-1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, as co-inheritors of the deceased, the Defendants are obligated to pay the Plaintiff according to their inheritance share ratio; Defendant C is obligated to pay the Plaintiff KRW 145.8 million [20 million + KRW 243 million (253 million - KRW 10.5 million to the Plaintiff who was repaid by the Plaintiff - KRW 3/5]; Defendant D is obligated to pay damages for delay.

B. According to the Defendants’ defenses written in the evidence No. 1, the Defendants filed a qualified acceptance report on the deceased’s inherited property on September 5, 2016, and on October 24, 2016, the reported fact that the report was accepted [U.S. District Court 2016Hadan50352]. As such, the Defendants are obliged to perform their obligations according to their respective inheritance shares within the scope of the property inherited from the deceased.

[Dissenting this, the Plaintiff asserted that the Defendants omitted part of the deceased’s inherited property when filing a report on qualified acceptance, or disposed of the deceased’s inherited property, but there is no evidence to acknowledge this.]

Therefore, Defendant C is obligated to pay each of the damages for delay calculated at the rate of 15% per annum under the Civil Act from November 30, 2016, which is the day following the delivery date of a copy of the complaint of this case, to November 30, 2016, which is deemed reasonable for the Defendants to dispute the scope of the obligation to perform. The damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.