상속채무금
1. As to KRW 6,830,796 and KRW 6,084,565 among them, the Defendant shall within the scope of the property inherited from the deceased B. < Amended by Presidential Decree No. 27575, Jun. 1, 2016
1. Facts of recognition;
A. B entered into a credit card as a member of the Plaintiff and paid the credit card user fee and fee incurred while using the credit card. In the event of arrears, B agreed to lose the benefit of time and pay the credit card user fee in addition to the interest rate determined by the Plaintiff for delay.
B. B died on March 3, 2016, and at the time, there was D with the Defendant, who is the spouse, as the inheritor.
C. B’s obligation to use credit cards to the Plaintiff is KRW 23,907,789 as of August 31, 2016, including the principal amount of KRW 21,295,978, fee of KRW 1,787,290, late payment charge of KRW 824,521.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant, who inherited the net B’s obligation to the Plaintiff at the ratio of 2/7,00,796 (total debt amounted to KRW 23,907,789, KRW 2/7, and KRW 2/7, and KRW 6,084,565 ( principal amounted to KRW 21,295, KRW 978 x 2/7), barring special circumstances, is obligated to pay damages for delay at the rate of 15% per annum from September 1, 2016 to the date of full payment.
3. The defendant's assertion argues that the defendant's responsibility should be limited within the scope of the inherited property B, since he/she was tried by the Daegu Family Court on the inheritance limitation.
On April 5, 2016, the fact that the Defendant filed a petition for adjudication on the limited acceptance of inheritance with the Daegu Family Court Decision 2016Ra1391, and was adjudicated on June 28, 2016 to accept the qualified acceptance, is significant in this court.
Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from September 1, 2016 to the date of complete payment, since the defendant is obligated to pay damages for delay calculated at the rate of 6,830,796 won and 6,084,565 won among them within the scope of the property inherited from the deceased B.
4. As such, the plaintiff's claim is justified within the above scope of recognition, and the remainder of the plaintiff.