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1. The Defendant: (a) within the scope of property inherited from deceased C (Death on November 7, 2018, and D) and KRW 40,000,000 to the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. Fact 1) On April 28, 2016, the Plaintiff lent KRW 90 million to C on April 28, 2016 (hereinafter “the instant loan”).
(2) On April 28, 2017, the Plaintiff received KRW 10 million from E, the wife of the instant loan claim.
3) Since November 2017, the Plaintiff received KRW 40 million from E as repayment of the instant loan claims. 4) C died on November 7, 2018.
5) On January 14, 2019, the deceased C’s first heir, E, F, and G filed an application with the Ulsan Family Court for the waiver of inheritance from the deceased C due to the case of renunciation of inheritance 2019-Ma62, and the Ulsan Family Court rendered a ruling that the report of renunciation of inheritance will be accepted on January 17, 2019. 6) The Defendant shall be the deceased C’s second heir.
[Reasons for Recognition] A without dispute, the fact that the plaintiff is the applicant, each entry in Gap evidence Nos. 5 and 7, and the purport of the whole pleadings
B. In light of the facts established above, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the amount of KRW 40 million for inheritance debts from the deceased C, and damages for delay calculated at the rate of 12% per annum from June 28, 2019 to the date of full payment, following the delivery of the application for modification of the purport of the instant claim and the cause of the claim, as the Plaintiff seeks.
2. Judgment on the defendant's defense of qualified acceptance
A. On August 7, 2019, the Ulsan Family Court rendered a ruling that the Defendant’s report on qualified acceptance will be accepted on July 2, 2019 (the case of the 2019-Jin-style 846 inheritance limited acceptance).
(hereinafter referred to as the "Qualified Acceptance of this case"). [The grounds for recognition] The fact that there is no dispute
B. In light of the facts acknowledged in the above Paragraph 2-A, the defendant's defense of qualified acceptance can be acknowledged. Thus, the defendant shall be limited to the scope of inherited property from the deceased C, and the amount of KRW 40 million to the date of full payment from June 28, 2019 to the plaintiff.