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1. The Plaintiff:
A. As to Defendant B’s KRW 634,788,965 and KRW 103,396,615 among them:
B. Defendant C shall be KRW 423,192,643.
Reasons
1. Facts of recognition;
A. On October 20, 2010 in Daegu District Court case 2010 tea10734, the payment order (hereinafter “instant payment order”) was issued on October 20, 2010, stating that “D shall jointly and severally with E, F, and G, pay 267,047,538 won to the Bankruptcy Trustee of H Co., Ltd. and 25% per annum from March 3, 2002 to the date of full payment.”
B. On August 5, 201, the Plaintiff acquired a claim on the above payment order against D (hereinafter “instant claim”) from the Korea Deposit Insurance Corporation and notified the transfer of the claim at that time.
C. As of October 12, 2017, the outstanding amount of the instant bonds is KRW 1,057,981,609, totaling KRW 172,327,693 and interest KRW 885,653,916, and KRW 1,057,981,609.
D As of October 21, 2018, the Defendant C and I, J, K, and L, the spouse, were succeeded to the property of Defendant C and I, J, K, and L, which are the spouse. Defendant C was tried to accept the qualified acceptance, and I, J, K, and L renounced inheritance.
E. The Plaintiff filed the instant lawsuit on June 8, 2020 for the interruption of extinctive prescription of the instant claim for which the payment order was finalized.
【Defendant B’s ground for recognition】 Defendant C: The fact that there is no dispute, entries in the evidence of subparagraphs 1 through 8, and the purport of the whole pleadings
2. According to the above facts of determination, the defendants are obligated to pay the plaintiff with an inheritance share (Defendant B: 3/5, Defendant C: 2/5) as of October 12, 2017 according to the inheritance share (as of October 12, 2017, 103,396,615 won and 423,192,643 won and 68,931,07 won among them, and 68,07 won as of October 13, 2017 as of October 13, 2017, and the defendant C is obligated to pay damages for delay calculated at the rate of 25% per annum as of October 13, 2017 from which the payment order became final and conclusive to the day of full payment, and the defendant C, who approved limited inheritance, is obligated to pay them within the scope of inherited property from the net.
3. Accordingly, the Plaintiff’s instant case.