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(영문) 서울중앙지방법원 2020.08.12 2018가단5215698

기타(금전)

Text

1. The Defendant may, within the scope of the property inherited from the deceased C, set forth in KRW 21,855,519 to the Plaintiff as well as the Plaintiff on January 2, 2019.

Reasons

1. Facts of recognition;

A. On December 18, 2017, the Plaintiff leased KRW 72,360,000 with a vehicle purchase fund at an agreed interest rate of KRW 6.62% per annum and KRW 9.62% per annum to the deceased C (hereinafter “the deceased”).

However, the Deceased did not pay the above borrowed money, and the Plaintiff terminated the said lending contract.

On the other hand, as of July 25, 2019, the principal of the above loan that was not paid by the Deceased is KRW 21,85,519.

B. The Deceased died on August 25, 2018, and the Defendant, the inheritor, is the Defendant.

On September 19, 2018, the Defendant filed an application for qualified acceptance with respect to the deceased’s property (Seoul Family Court Decision 2018Ra7234) and rendered a judgment on qualified acceptance on November 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant, the inheritor of the Deceased, is obligated to pay to the Plaintiff the amount of KRW 21,855,519 and the amount calculated by the rate of 9.62% per annum from July 26, 2019 to the date of full payment, within the scope of the property inherited from the Deceased.

B. As to this, the defendant alleged to the effect that the plaintiff cannot respond to the plaintiff's claim since he filed a petition for bankruptcy on the inherited property of the deceased. However, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides that "the declaration of bankruptcy on inherited property shall not affect the qualified acceptance." Thus, even if the defendant's declaration of bankruptcy on the deceased's property is made upon the defendant's request, it does not affect

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.