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1. Within the scope of inheritance from the network E, Defendant C shall be KRW 30,573,621, Defendant B and D shall be KRW 20,382,414, respectively.
Reasons
1. Basic facts
A. On August 18, 2016, the network E concluding a guarantee insurance contract (hereinafter “the network”) concluded a guarantee insurance contract with the Plaintiff, between the Plaintiff and the insured FF Co., Ltd. (hereinafter “F”), the insurance amount of KRW 100,000,000, and the insurance period from August 25, 2016 to August 24, 2018, with the content of the guarantee, the payment guarantee for the cost of credit goods, the payment guarantee for the trademark of petroleum products under the name of the main contract, and the payment to F.
B. The Deceased, within the scope of indemnity, entered into an agreement with F to pay the insurance money paid by the Plaintiff to F due to the failure of the Plaintiff to perform his/her obligation under the principal contract, and with respect thereto, damages for delay in accordance with the interest rate set by the Plaintiff within the maximum of the interest rate in arrears from the date following the date of the payment of insurance money to the date of the payment of insurance money. The interest in arrears determined by the Plaintiff is 6% per annum from the date following the date of the payment of insurance money to the 30th day from the following day, 9% per annum
C. As the Deceased did not perform his/her contractual obligation, F paid insurance proceeds to the Plaintiff. Accordingly, the Plaintiff paid KRW 100,000,000 to F on July 20, 2018. After recovering KRW 28,661,550, the amount of the Plaintiff’s claim for reimbursement is KRW 71,338,450.
As the deceased on June 15, 2018 died on June 15, 2018, KRW 71,338,450 of the deceased’s debt owed to the deceased was inherited to the wife C (3/7), Defendant B (2/7), and Defendant D (2/7) who were the deceased’s inheritor, but the deceased’s heir was subject to adjudication by applying for the limitation of inheritance under the Daegu Family Court’s 2018 Ma10684.
E. On the other hand, while concluding a contract of donation, etc., the Deceased on the real estate listed in the separate sheet (hereinafter “instant real estate”) does not exceed the donation contract on October 31, 2017 to Defendant C, who is his spouse, on December 29, 2017.