상속채무금
1. The Defendants are 3,161,400 won each within the scope of property inherited from the network D to the Plaintiff.
1. The Plaintiff loaned KRW 80 million to the network D (hereinafter “the deceased”) from 200 to March 2005, in full view of the facts that there is no dispute over the cause of the claim, the records in Gap’s evidence Nos. 3 to 8 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the entire pleadings. The deceased prepared a loan certificate stating that the sum of the principal and interest of the amount borrowed during the period of March 16, 2005 shall be KRW 100 million divided into 24 months and paid to the Plaintiff. The deceased died on January 1, 2014 and the Defendants are their successors (each share of 1/2), barring special circumstances, the Defendants are obligated to pay the Plaintiff damages for delay after deducting KRW 3367,70,200 and KRW 36316,631,620,631,6362,316,206, etc.
2. The Defendants’ defenses asserted that they were subject to limited adjudication on the inheritance of the deceased’s property. Thus, according to the evidence No. 1, the Defendants filed a qualified acceptance report on the inheritance of the deceased’s property with the Daejeon Family Court Decision 2016Ra10238, Nov. 23, 2016 and received an adjudication from the said court on November 23, 2016. As such, the Defendants are obliged to pay the above recognized amount and delay damages to the Plaintiff only within the scope of the active property inherited from the deceased.
In this regard, the plaintiff asserts that the qualified acceptance has no effect since the Defendants made a qualified acceptance three months after they became aware of the commencement of the inheritance.
Where an inheritor has granted an absolute approval without knowing the existence of an inheritance without gross negligence within three months from the date on which he/she became aware of the commencement of the inheritance without knowledge of the commencement of the inheritance (including cases deemed to have granted an absolute approval pursuant to Article 1026 (1) and (2) of the Civil Act), a qualified acceptance shall be made within three months from the date on