A. D borrowed 92,00,000 won from E Co., Ltd. on June 27, 2003 at the overdue interest rate of 25% and decided to repay the principal and interest in installments for 36 months.

B. On April 29, 2011, E Co., Ltd. transferred D’s loan credits (principal KRW 17,210,161 as of April 15, 201) to F Co., Ltd. and notified D of D around June 20, 201.

On October 14, 2011, F Co., Ltd. transferred the above credit to D and notified D on November 21, 201.

C. The amount of the Plaintiff’s claim against D is KRW 17,210,161, interest and delay damages as of April 15, 201, and KRW 46,539,983.

D was killed on June 19, 2015, and the defendant and G were heirs as children of D.

On December 8, 2015, the Defendant and G were tried to accept the inheritance limit on the 10th day of the same month by filing a report on the inheritance limit approval with the original branch of the Chuncheon District Court as 2015-Madan506.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion was directly delegated by the co-inheritors or by G, and the defendant disposed of the deceased's insurance money and deposit claims, which are inherited property, after the deceased's death, and did not intentionally enter them in the list of property at

Meanwhile, the Defendant, as inherited property, did not intentionally enter the claim for the return of the deceased’s lease deposit in the inventory at the time of qualified acceptance.

Therefore, the heir of the deceased should be regarded as a simple approval in accordance with Article 1026 (1) and (3) of the Civil Code.

Thus, the defendant is obligated to pay to the plaintiff 31,875,071 won equivalent to 1/2 of the defendant's shares in inheritance and delay damages for the principal amount of 8,605,080 won out of the plaintiff's total amount of the transferred money to the deceased.

B. The defendant's assertion was unaware of the fact that the inheritance liability exceeds inherited property at the time of the death of the deceased, and there was the obligation of the deceased from the plaintiff.