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1. Defendant B shall be KRW 13,910,600 to the Plaintiff within the scope of the property inherited from the network D and shall be subject thereto.
Reasons
1. Facts of recognition;
A. On July 20, 2006, the Plaintiff filed an application against D for a payment order with the Seoul Central District Court 2006Da31667, and the said court issued a payment order citing the Plaintiff’s claim, and on July 20, 2006, the payment order with the content that “D shall pay to the Plaintiff the amount of KRW 48,687,100 and the amount of KRW 5% per annum from March 8, 1997 to June 8, 2006 and the amount of 20% per annum from the next day to the date of full payment.”
B. On September 10, 2013, D died and succeeded to the obligations of Defendant A, Defendant B, and C, the spouse, who were the Defendants. Of the Defendants, Defendant A and C renounced inheritance (Seoul Family Court Decision 2013 Doz. 10253) and Defendant B admitted the acceptance of inheritance.
Seoul Family Court (Seoul Family Court Decision 2013 Dodan10252).
On April 16, 2016, the Plaintiff filed the instant lawsuit for the purpose of extending the extinctive prescription of the claim for indemnity which was finalized by the above payment order.
[Ground for Recognition: Facts that this Court is remarkably or has no dispute, and the purport of the entire pleadings]
2. Determination
A. According to the above facts, since Defendant A and C renounced inheritance due to the death of Defendant D, Defendant A and C are obligated to pay the indemnity amount and damages for delay to the Plaintiff within the scope of the property inherited from Defendant B, who made the qualified acceptance as a sole heir of D, within the scope of the property inherited from Defendant D.
B. Therefore, Defendant B is obligated to pay the Plaintiff the indemnity amount of KRW 13,910,60 within the scope of the property inherited from the network D, as the Plaintiff seeks, 5% per annum from March 8, 1997 to June 8, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.
3. In conclusion, the plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the plaintiff's claim against the defendant A and C and the remaining claim against the defendant B are dismissed as it is without merit. It is so decided as per Disposition.