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1. The Defendant: (a) within the scope of the property inherited from the deceased B; (b) KRW 39,400,000; and (c) as to the Plaintiff, on January 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a stock company with the main business purpose of light-scale steel framed and brick construction for building, and the network B (hereinafter “the network”) was engaged in indoor construction and construction business with the trade name “E”.
B. On December 2016, the Plaintiff received a subcontract for construction work of “F” from the Deceased and performed construction work until February 2017, but did not receive the construction payment from the Defendant.
C. After that, on February 13, 2017, the Plaintiff paid the said construction cost of KRW 39,400,000 from the Deceased on the same year.
4. By no later than 15. A letter of non-payment was issued.
On the other hand, the Deceased died on June 24, 2018 while the instant lawsuit was pending, and D, the wife of the Deceased, the Defendant, and the G inherited the Deceased. On October 19, 2018, the said inheritors taken over the instant lawsuit against the Deceased.
E. On September 14, 2018, G, the wife of the deceased, filed a report on the renunciation of inheritance to the deceased on September 14, 2018 with the Suwon District Court Decision 2018 Madan548, and received the said court’s judgment on October 1 of the same year. The Defendant reported the qualified acceptance of inheritance to the deceased’s property on September 14, 2018 by the said court’s 2018Radan547, and was adjudicated to accept it by the said court on October 25 of the same year.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, Eul evidence 9 and 10, the purport of the whole pleadings
2. The fact that the Plaintiff, at the request of the Deceased, received a written notice of payment in return for the payment of KRW 39,400,000 from the Deceased to pay KRW 39,40,00 from the Deceased up to April 15, 2017 is as seen earlier. The fact that among the inheritors of the Deceased, D and G received a judgment of renunciation of inheritance from the Suwon District Court, is the same as seen earlier. Therefore, the Defendant who solely succeeded to the Deceased, barring any special circumstance, shall pay the Plaintiff the said KRW 39,40,000 and delay damages therefrom.