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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant shall succeed from the deceased B.
Reasons
Comprehensively taking account of the overall purport of the arguments in the statements and videos as indicated in Gap evidence Nos. 1 through 4, the plaintiff is the insurer who entered into a comprehensive automobile insurance contract with Eul with respect to the vehicle C (hereinafter referred to as "Plaintiff"), and the network B destroyed the front glass of the plaintiff's vehicle at the parking lot located in Gwanak-gu in Seoul Special Metropolitan City on June 6, 2016 and paid KRW 705,600 of the insurance money at the vehicle repair cost to D on July 22, 2016, and the network B died on April 26, 2017, and recognized the fact that the plaintiff, his father, F and mother, a mother, inherited the net B.
Thus, the defendant is obligated to claim to the plaintiff 352,00 won and damages for delay that the plaintiff seeks within the scope of his/her inheritance ratio (1/2 shares) among the insurance proceeds paid by the plaintiff.
According to the evidence No. 1, the Defendant filed a qualified acceptance report on the deceased’s property inheritance with the Seoul Family Court on July 31, 2017, and such report is accepted on October 23, 2017. As such, the Defendant is obliged to pay the net B’s obligations within the scope of the property acquired by inheritance.
In conclusion, the defendant is obligated to pay damages for delay calculated by the ratio of 352,00 won for indemnity from July 23, 2016, which is the day following the date of payment of insurance money to the plaintiff within the scope of the property inherited from the deceased B, to 5% per annum prescribed by the Civil Act until March 14, 2018, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The plaintiff's claim shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. Since the judgment of the court of first instance partially different conclusions are unfair, the defendant's appeal is partially accepted and the judgment of the court of first instance is modified as above.