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(영문) 서울중앙지방법원 2020.11.24 2019가단32482
대여금 등 청구의 소
Text

The Plaintiff

A. As to Defendant B and C, jointly and severally KRW 163,926,158 and KRW 12,49,996.

Reasons

1. Determination as to the claim against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant D and E

A. There is no dispute between the parties on each of the facts stated in the separate sheet of the grounds for the claim.

The amount equivalent to 3/7 shares due to the F’s final judgment on the grounds of the claim against the Plaintiff was the death of F, and the amount equivalent to 2/7 shares due to each of the said Defendants was succeeded to by J, and the said 3/7 shares due to the death of J was succeeded to Defendant E, and the said Defendants were entitled to each of the above inheritance.

Therefore, within the scope of each inherited property, the Defendants are jointly and severally liable with Defendant B to perform the deceased’s inheritance obligation according to the above inherited portion, and when calculating the amount, the amount is as stated in the corresponding part of the claim.

(However, the Plaintiff’s claim is based on the rate of 12% per annum reduced compared to the rate recognized in the final and conclusive judgment on the ground of the claim, since the Plaintiff’s claim for damages for delay from the day following the delivery of a copy of the complaint in this case (e.g., record) as to the amount of error in the pre-determined calculation if it is calculated as above.

B. Defendant D and E’s assertion asserts that the Defendants cannot respond to the Plaintiff’s claim since they did not have any active property inherited from the deceased.

However, the qualified acceptance of inheritance is not limited to the existence of the obligation, but merely limited to the scope of the liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment on the whole performance of the obligation of inheritance even if there is no inherited property or the inherited property is insufficient to repay the obligation.

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