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1. The Plaintiff, Defendant B, Defendant B, and Defendant E, to the extent of the property inherited from the network C.
Reasons
1. Basic facts
A. On April 22, 1998, the Plaintiff lent KRW 50,900,00 to C and Defendant B at interest rate of 3% per month. Around that time, the Plaintiff filed a lawsuit against C and Defendant B on the grounds that a notarial deed concerning promissory notes (No. 1055, a notary public’s general document, No. 1998, No. 1055, a notary public’s general document, No. 1998) was prepared and delivered, but he/she did not repay his/her obligations.
B. On July 29, 2008, the above court rendered a judgment that “C and Defendant B shall jointly and severally pay to the Plaintiff 53,500,000 won with 30% per annum from May 27, 1998 to July 8, 2008, and 20% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive around that time.
C. C was killed on June 17, 2018 while the instant lawsuit was pending, and Defendant D and E, the inheritor, took over the instant lawsuit.
On September 5, 2018, Defendant D filed a report on the renunciation of inheritance with Seoul Family Court 2018-Ma6856, and received a judgment on October 30, 2018. Defendant D filed a report on the renunciation of inheritance on August 30, 2018, and Defendant E filed a report on the refusal of inheritance with Seoul Family Court 2018-Ma6358 on August 21, 2018, and received a judgment on acceptance of a report on the qualified acceptance of inheritance on October 4, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. According to the above facts of the judgment, Defendant B is obligated to pay to the Plaintiff the amount of KRW 53,500,000, Defendant E is jointly and severally with the above Defendant to the extent of the property inherited from the network C, 26,750,000, and each of the above amounts is 30% per annum from May 27, 1998 to July 8, 2008, and 20% per annum from the next day to the day of full payment.
As seen earlier, Defendant D filed a declaration of renunciation of inheritance and received a judgment for which the said declaration is accepted, and thus, Defendant D is the same.