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1. The Defendants, within the scope of their respective property inherited from the network D, 32,071,674 won and 20,046.
Reasons
1. Facts of recognition;
A. D was liable for the Plaintiff’s principal amounting to KRW 60,140,374, interest amounting to KRW 36,074,649, but died on June 21, 2016.
B. The Defendants, as D’s children, filed a qualified acceptance report on August 1, 2016. On September 9, 2016, the Daejeon Family Court rendered a judgment of acceptance under the Daejeon Family Court Branch Decision 2016 Mo1015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. Mod Capital Co., Ltd., which transferred the claim against D to the Plaintiff based on the gist of the defense, had a payment order already become final and conclusive because part of the lawsuit of this case and the cause of the claim were filed against D by the same payment order. Therefore, the overlapping part of the above payment order among the lawsuit of this case is unlawful as there is no benefit of
B. Since the payment order for judgment has become final and conclusive and also has res judicata effect, there is a benefit in the lawsuit of this case in order to obtain a final and conclusive judgment which has res judicata effect.
The defendants' defense shall not be accepted.
3. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 16, 2017 to the date of final delivery of a copy of the complaint in this case, with respect to the Plaintiff’s 32,071,674 won [the amount of KRW 60,140,374 won (interest of KRW 36,074,649) x 1/3] and the principal among them 20,046,791 won (=60,140,374 won x 1/3)], clearly from November 16, 2017 to the date of full payment.
4. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.