신용카드이용대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The deceased, on December 25, 2014, was liable to the Plaintiff for the principal and interest of the loan amounting to KRW 4,051,212 as well as for the delayed payment thereof. The deceased’s death on December 25, 2014, the deceased’s heir and his/her legal spouse, and C, D, and E renounced their inheritance. On September 11, 2015, the Defendant reported a qualified acceptance as the Seoul Family Court Decision 2015-Ma8749, and on November 27, 2015, the fact that the said report was accepted (hereinafter “instant qualified acceptance”) does not conflict between the parties.
2. The assertion and judgment
A. The plaintiff asserts that the qualified acceptance of this case is null and void, since three months have passed since the defendant knew of the excess of the obligation.
B. If the purport of the entire argument is added to the statement in the evidence Nos. 3 through 5 of the judgment on the validity of the qualified acceptance of this case, the defendant has been living separately with the deceased two years prior to the death of the deceased, the defendant was notified by the new credit information company around September 11, 2015, that the debt amounting to KRW 51,837,509 in the name of the deceased was in arrears after the death of the deceased, and the defendant reported the qualified acceptance immediately after the receipt of the above notification, and the list of inherited property in the judgment on the qualified acceptance of the qualified acceptance of this case is stated as follows: "I do not have active property" and the small property "51,837,509 won".
According to the above facts, it is reasonable to view that the defendant was aware of the fact that the inheritance obligation exceeds inherited property without gross negligence within three months from the time when the deceased died, and that he was notified by the new credit information company of the overdue debts of the loan around September 11, 2015.
Therefore, the qualified acceptance of this case pursuant to the qualified acceptance report made on September 1, 2015, which is three months from that date, shall be effective.
The plaintiff is the defendant and his employee.