대여금
1. The defendant shall not exceed KRW 83,086,892 within the scope of the property inherited from the deceased B and 28,500 among them.
1. In the loan claim case filed by the Plaintiff against the deceased B, the Seoul Central District Court 2005Kadan227450, which brought a judgment on the cause of the claim, the above court rendered a final and conclusive judgment that “the Defendant did not pay the Plaintiff KRW 28,500,000 and KRW 23,00,000 among them, the amount of KRW 28,50,000 from December 4, 2014 to December 5, 2014, and KRW 19% per annum from August 2, 2005 to August 2, 2005, and KRW 20% per annum from the next day to the full payment date.” The Defendant’s debt pursuant to the above judgment is deemed to have been partly repaid, and the Defendant did not dispute the amount of KRW 28,50,000 and KRW 54,586,89,828,89,000, and KRW 289.38,00.
On the other hand, after the death of the deceased B, the fact that the Defendant, who was the mother of the deceased B, renounced the inheritance on November 16, 2006 and succeeded to the inheritance of the wife C, children D, E, the first heir, does not have any dispute between the parties.
Therefore, the defendant is obligated to pay to the plaintiff 83,086,892 won and 28,500,000 won among them with 20% interest per annum from July 31, 2015 to the day of full payment.
2. Defendant F asserted that the Plaintiff’s claim should be dismissed, inasmuch as Defendant F was subject to an inheritance limited recognition trial against the network B.
On November 16, 2006, the fact that the defendant reported the inheritance limited approval to the deceased B as the Youngcheon District Court Branch 2006 Madan209 on November 16, 2006 and the above court accepted the judgment on December 7, 2006 is deemed to have been led to confession because the plaintiff was not clearly dissatisfied with this.
On the other hand, the qualified acceptance of inheritance is not limited to the scope of the existence of the obligation, but merely limited to the liability, so even if there is a qualified acceptance of inheritance, if there is a qualified acceptance of inheritance, the entire obligation of the inheritee is succeeded to within the limit of the inherited property. However, the inheritance obligation is liable only within the limit of the inherited property.