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1. The Defendant’s KRW 56,823,783 as well as 5% per annum from August 14, 2016 to January 11, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the mother of the deceased C (hereinafter “the deceased”), and the Defendant is the father of the deceased.
The Deceased died on September 30, 2014.
B. At the time of death, the Deceased leased the residential building (Seoul Yongsan-gu, 201, hereinafter “instant housing”) to KRW 130,000,000, and lived with E.
After the death of the deceased, the Defendant received KRW 80,000,000 from the lessor of the instant house on November 24, 2014.
50,000,000 remaining lease deposit was received by E as the original share of E.
C. In addition, as indicated below, the Defendant withdrawn or received the deceased’s financial assets and occupied them as mixed.
The amount of 1 deposit in the amount of the time of withdrawal of the item is non-assumed, 117,098 won, 2.21 October 21, 2014; 1,427,394, 3 insurance refunds of 3 insurance refunds of MaG Damage Insurance KRW 4.3,902,930, 930, Samsung 5, 2014, 333,647,567 won, 2, 2,000 won, 3,000 won, 19,104,410 won;
D. The Plaintiff and the Defendant divorced before the deceased’s death, and the deceased did not have a heir except the Plaintiff and the Defendant.
[Grounds for recognition] Gap 1-6 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay damages for delay calculated at the rate of 56,823,783 won (=113,647,567 won x 1/2, and less than won) equivalent to the Plaintiff’s inherited property of KRW 113,647,567 (=80,000,00 financial assets of KRW 333,647,567), which is the Plaintiff’s inherited property. As such, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from August 14, 2016, which is the day following the delivery of a copy of the complaint of this case, to the day of the judgment of this case where it is deemed reasonable for the Defendant to dispute the existence and scope of the obligation.
B. The Plaintiff received from the Defendant.