1. E, which is the litigation taking over by Defendant B, is limited to KRW 8,88,88,00 and KRW 888 within the scope of the property inherited from the deceased B.

1. Determination

A. According to the evidence evidence Nos. 1 through 3 as to the cause of the claim, the Plaintiff loaned KRW 40,000,000 to the deceased B on September 7, 2011. The network B died on March 13, 2017. Defendant C, as the spouse of the network B, succeeds to the network B as a child of the network B, and each of the facts of taking over the instant legal proceedings can be acknowledged.

Therefore, barring special circumstances, Defendant C is obligated to pay to the Plaintiff KRW 13,33,33 (i.e., KRW 40,000 x KRW 3/9 of inheritance shares x below KRW 3/9 of inheritance shares, and less than KRW 8,88,8888 for the convenience of calculation; hereinafter the same shall apply), the remaining Defendants are liable to pay each of them (i.e., KRW 40,000 x inheritance shares x 2/9 of inheritance shares) and each of their delay damages.

B. According to the Defendants’ either the qualified acceptance or the renunciation of inheritance as prescribed in subparagraphs 2-1 and 2-2, Defendant E may recognize the fact that the qualified acceptance was made (this court 2017 saws 1125), and the remainder of the Defendants may recognize the fact that they renounced inheritance (this court 2017 saws 1124).

Therefore, Defendant E bears the above obligations within the scope of inherited property, and the remainder of the Defendants did not succeed to the net B’s obligations. Therefore, Defendant E does not bear such obligations.

C. From December 8, 2011 to May 30, 2017, the delivery date of the copy of the complaint in this case against Defendant E, which is the day following the due date for payment of KRW 8,88,888,88 within the scope of the Plaintiff’s inherited property from the network B, Defendant E is obligated to pay the Plaintiff 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 Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Each claim against the remaining Defendants by the Plaintiff is rejected.

2. If so, the plaintiff's claim against the defendant E is accepted within the above scope of recognition. The remaining claims against the defendant E and each claim against the remaining defendants are dismissed as it is without merit. It is so decided as per Disposition.