양수금
1. The defendant shall not exceed KRW 102,107,235 and KRW 40,753,223 among them to the plaintiff within the extent of inheritance from the deceased C.
1. According to Gap evidence Nos. 1 through 5 and Eul evidence No. 1 evidence No. 1, D Co., Ltd. (hereinafter "D") filed a lawsuit against D Co., Ltd. (hereinafter "D") on the loan claim under Seoul Central District Court 2008Kadan171626, Aug. 19, 208. The above court accepted the report of "C shall pay 68,69,495 won to D and 40,753,23 won per annum 19.5% per annum from October 1, 199 to the day of full payment, and 19.5% per annum from D's June 21, 2013; the plaintiff acquired the loan claim against D from D on the aggregate as of May 28, 2018 with the approval of the heir 102,107, 2037, 205 won, 305 won, 2015 won, 305 won, 2015 won, and 315.
According to the above facts, since the defendant inherited the property of the deceased C by qualified acceptance, he/she is obligated to pay to the plaintiff 102,107,235 won and the principal amount of KRW 40,753,223 among them within the scope of inherited property, damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as requested by the plaintiff, within the scope of the agreement from May 29, 2018 to the date of full payment.
In this regard, the Defendant asserts to the effect that the Plaintiff cannot accept the Plaintiff’s claim on the ground that he/she repaid his/her obligation to Company I within the scope of the network C’s active property. However, the qualified acceptance of inheritance is not limited to the existence of obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized as a qualified acceptance of inheritance, the court has no inherited property or the inherited property is insufficient to pay the inherited obligation.