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1.(a)
Defendant A Co., Ltd. shall pay to the Plaintiff KRW 70,178,530 and KRW 65,324,860 among them, starting from December 31, 2016.
Reasons
1. Claim against the defendant A and B
A. The grounds for the attachment of the claim are as stated in the corresponding part of the above Defendants.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. The Plaintiff filed a claim against Defendant C, as indicated in the attached Form C corresponding to the Defendant C, jointly and severally guaranteed the obligation of indemnity against the Plaintiff by the deceased D (hereinafter “the deceased”), as indicated in the attached Form C, and the Defendant C filed a claim against the Defendant C by asserting that he inherited the obligation of indemnity against the deceased’s joint and several liability.
As to this, Defendant C asserts that he renounced the deceased’s property inheritance, and the Plaintiff asserted that the waiver of inheritance was not effective since Defendant C reported the renunciation of inheritance after the lapse of three months from the death date of the deceased.
Article 1019(1) of the Civil Act provides that an inheritor may waive an inheritance within three months from the time when the existence of the commencement of the inheritance is known. The "date when the existence of the commencement of inheritance becomes known" means the date when the inheritor becomes aware of the occurrence of the cause of the commencement of the inheritance and thereby becomes his heir.
On the other hand, it is a precedent that the wife and children of the inheritee who are the prior inheritor, and the parents who are the inheritor in case they legally waive the inheritance, are determined in accordance with the provisions of Article 1000(1) of the Civil Act as to the order of inheritance priority and Articles 1042 through 1044 of the Civil Act as to the effect of the renunciation of inheritance. The fact that the wife and children of the inheritee, and the brothers and sisters of the inheritee in case they renounce the inheritance from the perspective of the general public should not be known that they become their successors. Therefore, if the sibling becomes the inheritor through the above process, it is difficult to understand the fact that the inheritor becomes their successors by knowing the fact that the inheritance commenced.