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Reasons
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(영문) 광주지방법원 2020.01.23 2018가단24801
구상금
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1. Defendant I, J, and K jointly and severally with the Plaintiff KRW 234,392,455 as well as KRW 39,881,002 among them, from January 1, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for indemnity against the deceased L, etc. 1) The Plaintiff (hereinafter “the deceased”).

(2) On November 4, 1998, the Incheon District Court rendered a judgment to jointly and severally pay the Plaintiff KRW 50 million and its delay damages to the Plaintiff, and the said judgment became final and conclusive around that time. The Plaintiff asserted as the cause of the claim in the foregoing case that “The Plaintiff entered into an insurance contract with the deceased, and Defendant I, J, and K jointly and severally guaranteed the claim amount that may be borne by the deceased in the future.”

3) On July 15, 2008, the Plaintiff filed an application for a compulsory auction on the deceased’s land with Seoul Western District Court M, and received dividends in the above compulsory auction case on January 29, 2009. (4) The Plaintiff filed the instant lawsuit on October 26, 2018.

5) As of December 31, 2015, the principal and interest of the Plaintiff’s claim for reimbursement against the Deceased, etc. is the sum of KRW 234,392,455, and the principal is KRW 39,881,002. B. The deceased’s inheritance relation 1) L died on February 3, 2004. The deceased was married with his spouse on March 29, 199. N andO, a child of the deceased, reported the renunciation of inheritance under the Seoul Family Court Decision 2004Ra81.

2) The Deceased’s sibling was C, D, E, P, and Q. However, P reported the renunciation of inheritance with the Seoul Family Court 2007 Hu4340, and the Defendant C, D, E, and Q succeeds to the property of the Deceased each 1/4 shares, respectively. 3) Defendant C, D, and E filed a report on the inheritance-limited approval with the Seoul Family Court 2007Ra7521.

4) Q died on March 4, 1991 and succeeded to the property of Q, F and his spouse, G and H, the spouse of Q. Accordingly, Defendant F succeeded to the 3/28 shares out of the deceased’s property, Defendant G and H inherited the 2/28 shares out of the deceased’s property, and Defendant F, G and H inherited the 2/28 shares out of the deceased’s property. 5) Defendant F, G and H inherited the deceased’s property as the Seoul Family Court 2007-Ma3769.

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