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(영문) 서울중앙지방법원 2018.06.14 2017가단5085661
대여금
Text

1. The Plaintiff, Defendant A, and Defendant A’s KRW 74,840,59, and KRW 29,361,240 among them, Defendant B, and Defendant B, KRW 74,840,598 among them, and KRW 29.

Reasons

Attached Form

Each fact in the cause of the claim does not clearly conflict between the Plaintiff and the Defendants.

According to the above facts, the Defendants, as the inheritors of the network D, are obligated to perform their obligations to the Plaintiff according to their shares of inheritance.

On this issue, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim because they were subject to a qualified acceptance trial on the deceased’s inheritance.

However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of 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 to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. Provided, That in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment of performance, in order to limit the executory power.

(2) In light of the above legal principles and the Plaintiff’s claim against the Defendants for the performance of the inheritance obligation according to the inherited portion within the scope of the property inherited from the Deceased, the Defendants’ assertion is without merit.

Therefore, Defendant A shall pay to the Plaintiff the principal and interest of KRW 74,840,59 as well as KRW 29,361,240 as well as KRW 74,840,59 as well as KRW 29,361,239 as to KRW 74,840,59 as well as KRW 29,361,239 as well as damages for delay calculated at the rate of 27.9% per annum from March 2, 2017 to the date of full payment, and is obligated to pay within the scope of property inherited from the network D.

If so, the plaintiff's claim against the defendants is justified.

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