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1. The Plaintiff, Defendant B, Defendant B, and Defendant C, within the scope of the property inherited from the network D.
Reasons
1. On July 10, 1996, Defendant B and the network D (hereinafter “the deceased”) decided to borrow KRW 109,000,000 from the Plaintiff on July 1, 1996 as due date and at the rate of 25% per annum, and jointly repay the borrowed amount.
Defendant B and the Deceased repaid to the Plaintiff the principal amounting to KRW 5,00,000,00 among the above loans around April 2001.
The plaintiff filed a lawsuit against the defendant B and the deceased seeking the return of the above borrowed amount. On January 22, 2002, this court rendered a judgment that "the defendant B and the deceased jointly and severally pay to the plaintiff 104,000,000 won and the amount calculated by the rate of 25% per annum from July 11, 1996 to the day of full payment" (the above judgment became final and conclusive).
Since then, the deceased died, and the defendant C and E inherited the deceased as his child.
Defendant C received a decision on qualified acceptance.
Therefore, within the scope of the property inherited from the deceased, Defendant B and Defendant C shall, jointly and severally with Defendant B, pay 29,714,285 won (=104,00,000 x 2/7) out of the above money in proportion to their shares in inheritance and damages for delay calculated by the rate of 25% per annum from July 11, 1996 to the date of full payment.
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. Conclusion in favor of the Plaintiff