1.The judgment of the first instance shall be modified as follows:

Within the scope of the property inherited from the deceased C.

1. Facts of recognition;

A. The plaintiff's loan to C and payment order decision 1) The plaintiff around August 19, 1996 is the loan of 10 million won to C (hereinafter "the loan of this case").

2) On August 17, 2006, the Plaintiff applied for a payment order with respect to the instant loan payment order against C during the loan demand procedure of this court No. 2006 tea 24329, which was made against C, and received a payment order with the purport that “C shall pay to the Plaintiff the amount of KRW 10 million and the damages for delay and the expenses for demand procedure at a rate of 20% per annum from August 30, 2006 to the date of full payment.” Since C did not raise an objection, the above payment order was finalized around that time.

B. The defendant (Appointeds) and the designated parties (appointeds) jointly inherited and qualified acceptance 1) and C (hereinafter referred to as "the deceased").

As a result of the death on October 14, 2012, the Defendant (Appointed Party) who was the deceased’s spouse E and son (Appointed Party) jointly succeeded to the deceased’s property. (2) The Defendant (Appointed Party) and the designated parties (Appointed Party) on May 23, 2017, filed a request for a qualified acceptance trial with the Busan Family Court 2017Ra1641 on June 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant (Appointed Party) who accepted the deceased’s inheritance obligation as qualified, and the designated parties are obligated to pay the Plaintiff the instant loans in proportion to each share of inheritance within the scope of the property inherited from the deceased.

Therefore, within the scope of the property inherited to the Plaintiff from the deceased, ① Defendant (Appointed Party) and the Appointed Party D are calculated at the rate of KRW 2,857,142, ② the Appointed E is 4,285,714, and the rate of KRW 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 30, 2006 to September 30, 2015, and 15% per annum as sought by the Plaintiff.