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1. Within the scope of the property inherited from the deceased C, Defendant A shall be limited to KRW 50,497,80 and 50,029 among them.
Reasons
1. Determination on the cause of the claim
A. (1) On February 13, 2017, the Plaintiff concluded a guarantee insurance contract for performance (sale of goods) with the Korea National Oil Corporation, the insurance amount of KRW 100 million, and the insurance period from February 13, 2017 to February 12, 2018. The Plaintiff agreed to pay damages for delay in accordance with the applicable interest rate publicly notified by the Plaintiff with respect to the said insurance amount when the Plaintiff pays the insurance amount due to the occurrence of an insured incident.
(2) After that, the Deceased’s failure to perform a contract entered into with the Korea National Oil Corporation, the Plaintiff paid KRW 83,381,726 as insurance proceeds to the Korea National Oil Corporation on August 29, 2017. The fixed damages for delay incurred until October 16, 2017 for the insurance proceeds are KRW 781,274, and the rate of damages for delay publicly announced by the Plaintiff is 12% per annum from October 17, 2017.
(3) On August 14, 2017, the Deceased died, and Defendant A and the deceased’s wife jointly inherited the deceased’s property.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings
B. According to the above facts of recognition, the defendant A is obligated to pay the plaintiff 50,497,80 won (=84,163,00 won (=83,381,726 won) x 3/5) and 50,029,035 won (=83,381,726 won x 3/5). The defendant B is obligated to pay damages for delay to the plaintiff 33,665,20 won (=84,163,381,726 won) x 781,274 won) x 33,352,690 won among them (=83,381,726 won) x 83,381,726 won) x 2/5).
C. On November 2, 2017, the Defendants filed a report on the limitation of inheritance with respect to the Defendants’ assertion of limitation of inheritance with respect to the Plaintiff’s assertion of limitation of inheritance, and filed a report on the limitation of inheritance with the Suwon District Court Branch Branch of the Suwon District Court (2017 Madan517). The said court’s judgment on acceptance of the said report on December 26, 2017 can be recognized by considering the overall purport of the pleadings as a whole, as such, the Defendants’ assertion is with merit.
2. Conclusion (1) Therefore, to the extent of the property inherited from the deceased.