beta
Text
1. The Defendants: to the extent of the property inherited from the network C, KRW 48,429,348, respectively, to the Plaintiff within the extent of the property inherited from the network C and 5.
Reasons
1. Basic facts
A. On February 1, 2006, the court of first instance filed a civil lawsuit against the deceased C (hereinafter “the deceased”) for the payment of the acquisition amount, and rendered a judgment that “the defendant (the deceased) shall pay to the plaintiff 24,596,453 won and 10,594,160 won per annum 29% per annum from April 30, 2003 to the date of full payment, 10,616,780 won per annum 25% per annum from March 31, 2003 to the date of full payment.” The above judgment was finalized on February 21, 2006.
(Seoul District Court 2005Kadan39528, hereinafter referred to as "previous Judgment"). (b)
On November 24, 2015, the principal of the judgment which has not been paid until November 24, 2015 is KRW 21,210,940, and the final interest is KRW 96,858,697, totaling KRW 75,647,757 (=21,210,940, KRW 75,647,757).
C. The Deceased died on September 2, 2010, and the co-inheritors are children (each inheritance share 1/2). D.
With respect to the deceased’s inherited property, the Defendants, the inheritor, filed a report on the recognition of qualified acceptance with the Changwon District Court 201Modan181 on February 15, 201, and received from the above court on March 18, 2011.
E. On February 19, 2016, the Plaintiff filed a lawsuit against the deceased C for the extension of the prescription of a claim based on the previous judgment, but confirmed the deceased’s death, and corrected the indication of the party as the Defendants, who are co-inheritors, as co-inheritors.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the facts established in the judgment on the cause of the claim, the Defendants, the co-inheritors of the deceased, are 29% per annum for each of the KRW 48,429,345 won (=96,858,697 won x 1/2, and less than KRW 5,297,080) and for each of the KRW 5,297,080 from November 25, 2015 to the date of full payment, and for each of the KRW 5,30 from November 25, 2015 to the date of full payment, 25% per annum for each of the KRW 5,308,390 from November 25, 2015 to the date of full payment.