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1. The Plaintiff:
A. Defendant A, within the scope of property inherited from the deceased C, shall not exceed 167,218,984 won and 73,794.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff concluded a credit guarantee contract with the deceased C on seven occasions ( ① 79,00,000 won on October 17, 200, ② 27,000,000 won on May 31, 2005, ③ 2,70,000 won on January 25, 2006, ④ 17,000,000 won on April 9, 200, ⑤ 18,000,000 won on December 30, 2004, ⑤ 18,00,000,000 won on December 30, 2004; 63,36,36,37,300,000 won on December 30, 204; 6,000,000 won on June 30, 200, 79, 2057, 2097, 209.75,209).
3) As of March 15, 2016, KRW 122,91,523 of the principal amount, KRW 151,94,147 of the damages, KRW 100,289 of the three-dimensional expenses, KRW 3,49,286 of the administrative fine, KRW 113,061 of the guarantee fee, KRW 278,69,288,306 of the total amount, and KRW 113,061 of the guarantee fee. On the other hand, the rate of delay damages after March 15, 2016 is 12% per annum. On the other hand, the deceased on October 12, 2015, the bereaved family members died, and there were D, E, and F, Defendant B and his children, the wife, and son.
D, E, and F filed a declaration of renunciation of inheritance with the Gwangju Family Court Decision 2015Radan813, and the Defendant A filed a declaration of renunciation of inheritance with the Gwangju Family Court Decision 2015Radan814, and each of the above reports was accepted on December 22, 2015.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 13 (including paper numbers), the purport of the whole pleadings
B. A person who has waived inheritance is placed in the same position as that of a person who was not the inheritor at the time of the commencement of inheritance. Therefore, where all the spouse and children of the inheritee have renounced inheritance, the spouse and the grandchild or lineal ascendant of the inheritee shall be jointly the inheritor, and where there is no grandchild or lineal ascendant of the inheritee, the spouse shall alone be
Therefore, Defendant B’s claim and claim on March 16, 2016 with respect to KRW 111,479,322 (i.e., KRW 278,698,306 x inheritance share 5/2, and KRW 49,196,609 (i.e., KRW 122,91,523 x 2/5) among the Plaintiff and the principal (i.e., KRW 122,91,523 x 2/5).