상속채무금
The defendant shall, within the scope of the property inherited from the deceased C, not exceed KRW 183,09,283 to the plaintiff and the plaintiff on March 1, 2020.
1. Facts without dispute, Gap evidence Nos. 1 through 3 comprehensively taking account of the overall purport of the pleadings, the following facts are acknowledged: ① The deceased C (the deceased on December 5, 2019; hereinafter "the deceased") entered into a long-term siren contract with the Plaintiff on June 13, 2019, borrowed KRW 147 million from the plaintiff; as of February 29, 2020, the above principal and interest of the loan remains KRW 183,009,283; the interest rate of the loan was 24% per annum; ② the defendant inherited the deceased's property solely, and the fact that the deceased was adjudicated on the acceptance of the report of approval of the fixed-term grant under the Daegu Family Court Support 202Ra1007 inherited on February 24, 2020.
According to the above facts, the defendant is obligated to pay the plaintiff the sum of the principal and interest of 183,009,283 won and damages for delay at the rate of 24% per annum from March 1, 2020 to the date of full payment, within the scope of the property inherited from the deceased.
2. The Defendant alleged to the effect that, as the Daegu District Court 2020Hadan11504 against the deceased’s inherited property, the Plaintiff cannot accept the Plaintiff’s claim. As such, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides that “The declaration of bankruptcy against inherited property shall not affect the qualified acceptance.” Thus, even if the Defendant’s declaration of bankruptcy against inherited property is made upon the Defendant’s request, it does not affect the above obligation inherited by the Defendant as the qualified acceptance.
Therefore, the defendant's above assertion is without merit.
3. If so, the plaintiff's claim of this case is reasonable and acceptable.