대여금 청구의 소
to the Plaintiff, within the scope of the property inherited from the network E:
A. Defendant B is 57,106,643 won and 23,785.
1. Facts of recognition;
A. The network E was loaned from the Plaintiff (former Mutual Company F, Ltd.) as shown in the following table:
(hereinafter “instant loan”). (b)
With respect to the instant loan, the remaining debt details as of October 3, 2019 are as follows:
C. The deceased on April 22, 2014, and the deceased on April 22, 2014, Defendant B, the wife, and Defendant D and C inherited in proportion to the shares of 2/7.
The Defendants filed a qualified acceptance report with the Suwon Family Court No. 2019-Ma2217 on January 29, 2020 in relation to the said inheritance, and received an adjudication from the said court on January 29, 2020.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2-1 to 3, Gap evidence 3, 4, Gap evidence 5-1 to 3, Eul evidence 1, Eul evidence 2-1 and Eul evidence 2-2, and the purport of the whole pleadings
2. According to the facts established prior to the determination as to the cause of the claim, since the Defendants are obligated to perform the obligations of the instant loans by inheritance shares within the scope of each inherited property inherited from the network E, the Defendants are obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 12, 2019 to the date of full payment, as they seek by the Plaintiff within the scope of inherited property from the network E. Defendant B is obligated to pay damages for delay calculated at the rate of 57,106,643 won and 23,785,60 won among them (=5,49,734 won x 3/7).
3. The Defendants asserted that the judgment of the Defendants’ assertion is that a separate obligee is expected to deposit inherited property because it is impossible for the Plaintiff to perform his/her obligation only by filing a lawsuit, and thus, the request of the Plaintiff cannot be complied with
The liability is limited to the scope of inherited property even if it was judged as a result of an inheritance limited approval, and it is not extinguished by the debt itself, but is not inherited property or is insufficient.