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1. The Plaintiff within the scope of the property inherited from the network E:
A. Defendant B:26,684,299;
B. Defendant C.
Reasons
There is no dispute between the parties, or comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1, 2, and 1, the Plaintiff leased KRW 150 million to the Network E (hereinafter “the deceased”) on June 15, 2015 as the interest rate of KRW 100,000,000,000 from June 15, 2015, the due date of payment on June 15, 2017, the Deceased died on November 7, 2016, and his heir died on the deceased’s wife’s wife, Defendant C and D, the deceased’s children, and the Plaintiff received KRW 87,736,634 of the interest and delay damages incurred until July 29, 2019, and the principal of the above loans.
In addition, according to the statement in Eul evidence No. 1, the defendants filed an application for special approval with the Seoul Family Court 2018 Ma7022 on September 12, 2018 with the decedent as the decedent, and the above court rendered a judgment accepting the report on qualified acceptance on September 12, 2018 by the Defendants on October 30, 2018.
According to the above facts, the Defendants are obligated to repay the deceased’s obligations to the Plaintiff within the scope of the property inherited from the deceased (i.e., KRW 150,000,000 - KRW 87,736,634).
Therefore, within the scope of the property inherited from the deceased, Defendant B is obligated to pay to the Plaintiff, and the Defendant B is obligated to pay the amount calculated by applying the agreed interest rate of 12% per annum from July 30, 2019 to the day of full payment, respectively (i.e., KRW 62,263,366 x less than KRW 3/7, and less than KRW 3/7). Defendant C and D are obligated to pay the amount calculated by applying the agreed interest rate of 12% per annum from July 30, 2019 to the day of full payment.
Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.