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1. Defendant B shall be KRW 18,00,000 for the Plaintiff; Defendant C shall be KRW 12,000,000 for each of the said money; and each of the said money shall be from November 19, 2014.
Reasons
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:
On December 20, 2013, the Plaintiff leased KRW 30,000,00 to D with interest rate of KRW 30,000 per annum and due date of payment on June 20, 2014.
B. However, following the death of D on July 25, 2014, Defendant B, his spouse, and Defendant C, a child, jointly inherited D’s 3/5 shares, and 2/5 shares.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 19, 2014 to the day following the final delivery date of the complaint of this case to the day of full payment (30,000,000 won x 3/5), Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12,00,000 won (=30,000 won x 2/5) and each of the above payments, as the Plaintiff seeks.
B. As to the Defendant B’s assertion, the Defendant B asserted that the qualified acceptance was made on the inheritance of the property.
The facts that Defendant B accepted the special approval report of January 19, 2015 by the Busan Family Court on April 7, 2015 are significant in this court. However, Article 1026 subparag. 3 of the Civil Act provides that if an inheritor conceals or fraudulently consumes inherited property or intentionally fails to enter in the inventory after qualified acceptance or renunciation, it shall be deemed that a simple approval has been granted. In full view of the purport of the pleading in the evidence No. 1, considering the whole purport of the pleading No. 1, Defendant B’s pleading’s assets at the time of D’s death, Defendant B did not enter the above deposits, etc. as active property in the inventory of inherited property at the time of D’s death, and Defendant B did not enter the above deposits, etc. in the inventory of inherited property at the time of the said special approval report. Accordingly, according to the above facts of recognition, Defendant B can be acknowledged.