대여금
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
1. Determination as to the cause of claim
(a) In full view of the purport of the entire arguments, the following facts can be acknowledged in the statements in Gap evidence 1 to 9 (including each number), Eul evidence 1 and 2.
(1) On March 24, 2017, the Plaintiff entered into a credit transaction agreement between the network C (Death on May 23, 2017) and a small and medium enterprise’s funds revolving loan (hereinafter “instant agreement”). The credit limit amount was KRW 150 million, the expiration date of the credit amount was KRW 150 million, March 24, 2018, the credit interest rate was 3.484% per annum, and the compensation rate for delay was 11% per annum.
(2) According to the instant agreement, when the net C fails to pay the interest on the given date under a credit transaction agreement, or loses the interest pursuant to the basic terms and conditions of bank credit transactions, the net C shall pay the Plaintiff damages for delay on the credit balance from that time. The net C did not pay the principal and interest of the loan from May 24, 2017 to the due date.
(3) As of November 15, 2017, the amount of principal and interest pursuant to the instant agreement with the deceased C is KRW 91,556,665 as principal and interest accrued from attempted attempts and KRW 94,635,82 as of November 15, 2017.
(4) On June 20, 2017, the deceased C’s spouse D and children E, the first heir of the deceased C, filed a declaration of renunciation of inheritance with the Seoul Family Court 2017 D and 5179, and the said court accepted the declaration of renunciation of inheritance on October 20, 2017.
(5) After that, the Defendants, who are the parents of the deceased C, were the second-class inheritor, filed a report on the inheritance limited acceptance with the Seoul Family Court 2017 Madan9391 on November 23, 2017, and the said court accepted the report on the qualified acceptance by the Defendants on March 19, 2018.
B. According to the facts of the above recognition, the Defendants: (a) from November 16, 2017 to November 15, 2017, with respect to the total amount of principal and interest of the loan up to 47,317,914 won (94,635,827 won x 1/2, and less than KRW 1/2) and the principal borrowed up to 45,778,333 won (91,556,65 won x 1/2, and less than KRW 1/2) (in accordance with the ratio of respective inheritance shares (1/2) inherited from the deceased C within the scope of the property inherited from the deceased C, the Defendants raised the loan from November 16, 2017 to less than KRW