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1. The Defendants would pay each of the Plaintiffs KRW 13,052,596 within the scope of property inherited from the network D.
Reasons
1. Facts of recognition;
A. On June 23, 2005, the Plaintiff filed a lawsuit against the network D (hereinafter “the network”) to grant a loan to the Plaintiff (hereinafter “the Plaintiff”) and was sentenced to a judgment on June 23, 2005 (hereinafter “the previous judgment of this case”). The above judgment became final and conclusive around that time.
B. Plus Savings Bank was declared bankrupt on June 27, 2006 at the Busan District Court (2006Hahap1), and the plaintiffs were appointed as bankruptcy trustee on the same day.
C. The Deceased died on March 9, 2013, and his heir was his child E, F, G, H, and Defendants.
E, F, G, and H filed a report of renunciation of inheritance on May 14, 2013 with the Busan Family Court 2013-Ma1575, which was subject to the adjudication on the acceptance of the report of renunciation of inheritance on June 26, 2013. Defendant C filed a report of refusal of inheritance on May 14, 2013 with the same court 2013-Ma1574, and was subject to the adjudication on the acceptance of the report of qualified acceptance on June 26, 2013. Defendant B filed a report of refusal of inheritance with the same court 2015-Ma259 on July 24, 2015, and received the adjudication on the acceptance of the report of qualified acceptance on September 22, 2015.
[Recognizing Facts] Evidence No. 1, Evidence Nos. 1, 2, 2, and 2, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendants were qualified as the inheritor of the deceased, and the defendants are responsible for paying the above loans to the plaintiffs of the deceased within the scope of the property inherited from the deceased, according to their respective inheritance shares. The lawsuit of this case filed by the plaintiffs for the interruption of the extinctive prescription of the loans claims based on the previous judgment of this case shall be deemed as the benefit of lawsuit.
Therefore, within the scope of the property inherited from the deceased, the Defendants each of the above loans amounting to KRW 13,052,596 (=26,105,193 x 1/2 and less than KRW 1/2).