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1. The defendant, within the scope of the property inherited from the deceased D (E) and KRW 66,772,349, among them, to the plaintiff 9,254.
Reasons
1. Basic facts
A. At around 2010, the Plaintiff filed a lawsuit seeking a payment order with the deceased D (hereinafter “the deceased”) and F as the Defendant, stating that “The deceased and F shall jointly and severally pay to the Plaintiff KRW 28,305,860, and KRW 14,557,414 from November 7, 2003 to the date when the original copy of the payment order was served, 19% per annum, and 20% per annum from the next day to the date when the original copy of the payment order was served.”
B. On March 18, 2010, the Daejeon District Court issued a payment order stating that the deceased and F would jointly pay the above claim amount to the Plaintiff (hereinafter “instant payment order”). The instant payment order was finalized on April 8, 2010.
C. The deceased died on October 28, 201, and his heir was his child, G, H, and I, and G, H, H, and I, on November 24, 201, reported the renunciation of inheritance to renounce the deceased’s inheritance under the head of Daejeon District Court’s public order order 2011Mo166 on November 24, 201, and the Defendant filed a report on the succession to the deceased’s property as the above court’s head of 2011Mo167 on the same day, and accepted the above report on the succession to the deceased’s property on December 6, 201.
Meanwhile, as of March 31, 2020, the Plaintiff’s claim based on the instant payment order against the Deceased amounting to KRW 66,72,349, the sum of the principal amount of KRW 9,254,150, and damages for delay, KRW 57,518,19, and KRW 66,72,349, and the rate of damages for delay applicable thereto is 20% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, since the defendant made a qualified acceptance as to the inheritance of the deceased's property, it is obligated to perform the obligation under the payment order of this case, within the limit of the property inherited from the deceased.
Therefore, within the scope of the property inherited from the deceased, the defendant 66,772,349 won = Principal = 9,254,150 damages for delay damages of KRW 57.