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(영문) 서울중앙지방법원 2016.04.20 2015가단5371528
대여금
Text

1. The Defendants, within the scope of the property inherited from the deceased C, shall be limited to KRW 19,349,692, respectively, and KRW 7,500 among them.

Reasons

1. Facts of recognition;

A. On February 21, 2013, the Network C (hereinafter “the Network”) borrowed gold KRW 15 million from the Plaintiff at the interest rate of 10.8% per annum, and the overdue interest rate of 16% per annum. As of November 18, 2015, the Plaintiff did not pay the principal and interest of KRW 15 million and KRW 3,390,735.

B. The Deceased used a credit card with a fixed interest rate of 26.9% per annum from the Plaintiff. As of November 18, 2015, the Deceased did not pay the card use amount of 14,696,785 won and its interest amount of 5,611,864 won.

C. On March 30, 2015, the deceased died and succeeded to the property of the Defendants, who were their parents, and the Defendants were subject to the Seoul Family Court Decision 2015-Ma237, which was inherited by the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings.

2. The assertion and judgment

A. According to the facts of the determination as to the Plaintiff’s claim, the Defendants are obligated to pay to the Plaintiff each amount of KRW 19,349,692 [=38,69,384 (=15,00,000 KRW 3,390,785 KRW 14,696,785 KRW 5,611,864)] and 7,500,000 among them (= 15,00,000 KRW 15,000 KRW x1/2) with interest rate of KRW 16% per annum, 7,348,390 per annum from November 19, 2015 to the date of full payment (=14,696,785 KRW 1/2,000, KRW 12,000) and to pay damages for delay from the agreed rate of interest rate of KRW 16% per annum to the date of full payment).

B. The Defendants asserted that the judgment of the Defendants’ assertion is without merit, since they received an inheritance limited recognition trial against the deceased, and there is no active property inherited from the deceased.

On the other hand, 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 if the qualified acceptance of inheritance is recognized, the court has no inherited property.

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