beta
Text
1. To the extent of the property inherited from the deceased D (E) and male, the Plaintiff is within the scope of the property inherited:
A. Defendant A shall be 18,502,453 won and .
Reasons
1. The facts that there is no dispute between the parties to the facts of recognition, the entries in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings are as follows: (a) on March 17, 2014, the plaintiff set 98,400,000 won (hereinafter "the debt of this case") to the network D (hereinafter "the deceased") at a rate of 24% per annum and set the grounds for loss of benefit in the event the debtor dies; (b) the deceased died on December 9, 2016; (c) the deceased is the deceased's spouse; (d) the Defendant B and C are the deceased's children; (d) the remaining principal amount of the debt of this case is KRW 41,892,869; and (e) damages for delay until June 5, 2017 for delay was inherited to the Incheon Family Court; and (e) the above court accepted the report by the Incheon Family Court on February 23, 2017.
2. Determination:
A. According to the above facts of recognition, the deceased is obligated to pay to the Plaintiff KRW 43,172,392 (= KRW 41,892,869, KRW 1,279,523) and delay damages for the principal amount of KRW 41,892,869 among them. Since the above obligation of the deceased is a separate obligation, the Defendants, co-inheritors of the deceased, who are co-inheritors of the deceased, are divided according to their statutory shares of inheritance.
However, the Defendants filed a report on the inheritance-limited approval and accepted the report. Thus, the Defendants’ responsibilities are limited within the scope of the inherited property from the Deceased. Accordingly, the Defendants are obliged to perform the said obligations within the scope of the inherited property.
B. Therefore, the Plaintiff within the scope of the property inherited from the Deceased, and the Defendant A is liable to pay damages for delay calculated at the rate of 2% per annum of the agreed damages from June 6, 2017 to June 6, 2017 as to KRW 12,34,969 (=43,172,392, 869 x less than KRW 3/7, and less than KRW 3/7), and as to KRW 11,969,391 (=41,892,869 x less than KRW 2/7, but less than KRW 41,969,392 x less than KRW 2/7 and less than KRW 11,969,391 x KRW 41,892,869 x less than KRW 2/7).
3. Conclusion Plaintiff