상속채무금
1. The defendant shall pay to the plaintiff the amount of KRW 119,750,121 and the amount of KRW 44,871,978 from January 10, 2018 to the date of full payment.
1. Basic facts
A. The deceased C (the deceased on August 27, 2017, hereinafter “the deceased”) was loaned to D, E, and F, under the Plaintiff’s credit guarantee. As a credit guarantee accident, the Plaintiff paid KRW 162,891,258 in subrogation of the deceased, KRW 9,864,079 to the D Association on June 29, 2007, and KRW 29,650,093 to the F Association on September 7, 2007.
B. As of January 9, 2018, the Plaintiff’s claim for reimbursement against the Deceased was KRW 359,250,365 (i.e., principal KRW 134,615,936 for delay damages of KRW 224,634,429). The rate of delay damages determined by the Plaintiff is 12% per annum.
C. The Deceased died on August 27, 2017, and the G, H, and the Defendant inherited the deceased’s property in their respective shares of 1/3.
G, H, and the Defendant, on November 27, 2017, filed a report on the inheritance limited recognition with the Daegu Family Court of Law No. 2017 Down-Ma1018, and was adjudicated to accept it on March 20, 2018.
[Ground] Evidence Nos. 1 through 12, 16, Eul evidence No. 1, the purport of the whole pleadings
2. The key issue of this case is whether the defendant's approval of limited succession has the effect, and this issue is examined.
A. (1) The Plaintiff’s assertion (1) The Defendant received and disposed of KRW 24,741,520 of the termination refund from an insurance company before receiving an adjudication on qualified acceptance (i.e., KRW 2,561,510 of the termination refund paid by the I Co., Ltd. on September 4, 2017 from the J Co., Ltd., which was paid as the legal liability reserve on September 15, 2017 from the Korea Post Information Center of KRW 4,84,070, which was paid as the legal liability reserve on September 28, 2017, and accordingly received and disposed of the said termination refund under Article 1026 subparag. 1 of the Civil Act, as well as the simple approval under Article 1026 subparag. 3 of the Civil Act.
Therefore, the defendant should pay money equivalent to the inheritance share among the deceased's obligations against the plaintiff.
(2) The defendant's argument is that the defendant obtained the inheritance limited approval.