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The Defendants shall, within the scope of each inherited property, each of the KRW 150,000,000 to the Plaintiff and Defendant C with respect thereto on June 2020.
Reasons
Basic Facts
A. On September 13, 2016, the network D (hereinafter “the network”) issued to the Plaintiff a promissory note with a maturity of KRW 300 million at sight (hereinafter “instant promissory note”). On September 13, 2016, with respect to the said promissory note, a notary public drafted a notarial deed to recognize that there is no objection even if he/she is immediately subject to compulsory execution (hereinafter “notarial deed”).
B. The Plaintiff holds the Promissory Notes of this case.
C. On May 19, 2019, the Deceased died, and the heir was the Defendants, F, and G, who were their children, but F and G renounced inheritance (Seoul Family Court Decision 2019Hu2468, 2019Mo2469). The Defendants were tried to accept each report of qualified acceptance on August 21, 2019 by filing a request for adjudication on inheritance limited acceptance.
(Reasons for Recognition) The fact that there is no dispute over the same court 2019-Ma2506. [Grounds for Recognition], significant facts in this court, entries in Gap evidence 1 and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendants are obligated to pay damages for delay at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 5, 2020 to the date of delivery of the application for modification of the purport of the claim and the cause of the claim as of May 29, 2020, pursuant to the Plaintiff’s respective inheritance shares ratio within the scope of the inherited property inherited from the Deceased to the Plaintiff as a promissory note payment to the Plaintiff (i.e., KRW 30 million x 1/2) and as sought by the Plaintiff, Defendant C is obligated to pay damages for delay at the rate of 12% per annum as stipulated in the same Act from June 10, 2020 to the date of full payment.
B. As to this, the Defendants prepared a letter that would lose the validity of the notarial deed in a case where the Plaintiff is hedging against the Deceased. However, as the Deceased died, the validity of the notarial deed of this case is invalidated.