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1. Within the scope of the property inherited from the network D, Defendant B shall be KRW 18,629,490 to the Plaintiff, and Defendant C shall be KRW 12,419,660 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 18, 2011, the Plaintiff filed a claim against D for damages with the Seoul Eastern District Court No. 201j174, and received the payment order (hereinafter “instant payment order”) from the Plaintiff to the day of complete payment, stating that “D shall pay the Plaintiff the amount calculated at the rate of 20% per annum from February 26, 201 (the day following the delivery day of the authentic copy of the payment order) and from February 26, 2011 to the day of complete payment.”
B. On April 17, 2017, D died, and Defendant C, the spouse of Defendant B and his/her children jointly inherited the property. On December 22, 2017, the Defendants were subject to the Seoul Family Court Decision 2017 Hu5250, which was inherited by the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, and purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendants are obligated to pay the amount calculated at the rate of 20% per annum from February 26, 2011 to the date of full payment of each of the above amounts (i.e., KRW 31,629,49,150 x 3/50 x 3/5), Defendant C is obligated to pay the amount calculated at the rate of 12,419,660 x 31,419,660 x 31,000 x 2/5 x 2/5) and each of the above amounts, within the scope of property inherited from the network D.
B. The Defendants asserted as to the Defendants’ assertion that, from December 30, 2017 to December 30, 2017, the E Press announced an inheritance fixed approval announcement, and the Plaintiff was excluded from liquidation as the Plaintiff did not report the claim during the said period of public announcement, and thus, the Plaintiff’s claim of this case is groundless.
However, Article 1039 of the Civil Code provides, however, Article 1032(1) (the qualified acceptor shall give public notice to the general obligees within five days from the date on which the qualified acceptance is made to report his/her claim within a certain period and to the general obligees within a certain period, which shall not be less than two months.).