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1. The Defendants: 11,334,243 won each and 6,193 won among them to the Plaintiff within the scope of the property inherited from the deceased C.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the whole purport of the pleadings.
The plaintiff filed a lawsuit against D and C with the Busan District Court Decision 2005Kadan102986, which ordered D and C to jointly and severally pay to the plaintiff 39,669,851 won and 21,678,525 won with 22% interest per annum from November 27, 2000 to the date of full payment. The above judgment was finalized on June 6, 2006.
B. After that, C died on September 10, 2012, the Defendants, the spouse of C, jointly inherited C’s 3/7 shares, and 2/7 shares, respectively.
C. However, the Defendants received an adjudication on acceptance of a qualified acceptance report on the inheritance of property C under the Busan Family Court Decision 2016Ra1631.
2. Determination
A. Judgment by public notice as to the claim against Defendant A (Article 208(3)3 of the Civil Procedure Act)
B. According to the above facts finding as to the claim against Defendant B, for the interruption of extinctive prescription of the claim based on the above final judgment, Defendant B is obligated to pay to the Plaintiff 11,34,243 won (i.e., KRW 39,69,851 x KRW 2/7, and KRW 2/7; hereinafter the same shall apply) and 6,193,864 won among them (i.e., KRW 21,678,525 x 2/7) within the scope of the property inherited to the Plaintiff, as the Plaintiff seeks, for the interruption of extinctive prescription of the claim based on the above final judgment.
3. The plaintiff's claim is reasonable, and all of them are accepted.