1. Defendant B: (a) to the extent of the property inherited from the network E, KRW 28,143,428 to the Plaintiff; and (b) to the extent of the property inherited from the network E.

Basic Facts

E, while serving as the head of the site office to which the Plaintiff belongs, embezzled 65,68,000 won over 73 times from January 20, 2009 to March 17, 2015.

E died on May 10, 2018, and there was Defendant D and C, the wife, as the inheritor.

Defendant B, on June 5, 2018, filed a report on qualified acceptance with this court, and was tried on October 26, 2018 to accept the said report.

(2) On June 5, 2018, Defendant D and C filed a declaration of renunciation of inheritance with this court, and received the said declaration on October 26, 2018.

(2) The Defendants asserted the purport of the Plaintiff’s argument as a whole, as the heir of the deceased, that the deceased’s debt owed to the Plaintiff was inherited according to the inheritance share.

Therefore, Defendant B is obligated to pay 28,143,428 won (=65,68,000 won x 3/7), Defendant D and C respectively 18,762,285 won (=65,68,000 won x 2/7) and damages for delay on each of the said money.

Judgment

According to the above facts, the deceased is obligated to return KRW 65,668,00 that he embezzled to the Plaintiff.

However, Defendant D and C did not inherit the deceased E’s debt by waiver of inheritance. Defendant B, upon qualified acceptance, has the duty to pay 28,143,428 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 18, 2018 to the day of complete payment, as claimed by the Plaintiff, within the scope of the property inherited from the deceased E.

In conclusion, the plaintiff's claim against the defendant B is justified within the scope of the above recognition, and the remaining claims against the defendant B and the remaining claims against the defendants are without merit, and all of them are dismissed. It is so decided as per Disposition.