신용카드이용대금 등
1. The judgment of the court of first instance is modified as follows.
The Defendants are the property inherited from the deceased C to the Plaintiff.
1. Basic facts
A. The network C concluded a credit card transaction agreement with the Plaintiff and paid damages for delay pursuant to the interest rate determined by the Plaintiff when the card price is overdue. The current overdue interest rate determined by the Plaintiff is 27.9% per annum.
B. The net C’s principal and interest on the debt under the above agreement is KRW 10,174,180 (=The amount of short-term credit card loans (cash loans) 1,947,335 won (credit card loans) 1,947,335 won (credit card loans) as of August 30, 2016 (hereinafter “instant debt”), and the principal amount is KRW 8,300,453.
C. C’s death on January 22, 2016, and the father’s heir A and the mother’s heir B succeeded to the instant debt.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, as the Defendants inherited the instant debt as the deceased C’s heir, the Defendants are obligated to pay the Plaintiff money equivalent to their respective shares of inheritance among the instant debt, barring any special circumstance.
B. Meanwhile, according to the evidence No. 1, the Defendants asserted that the deceased C was subject to a qualified acceptance judgment as to the inheritance of the property of the deceased C, the Defendants, the heir of the deceased C, filed a qualified acceptance report as to the inheritance of the deceased C’s property with the High Government District Court Decision 2016-Ma227, and received the adjudication from the above court on March 31, 2016. Thus, the Defendants are obliged to pay the Plaintiff money equivalent to each of the instant obligations, only within the scope of active property inherited from the deceased C.
Therefore, the defendants' defense is justified.
3. In conclusion, the Defendants paid 5,087,090 won (i.e., KRW 10,174,180 x 1/2) within the scope of property inherited from the network C to the Plaintiff (i.e., KRW 4,150 x 1/26) and the principal of KRW 4,150,226 (i.e., KRW 8,300,453 x less than KRW 1/2) from August 31, 2016 to the Plaintiff.